United States v. Ruvalcaba
2010 U.S. App. LEXIS 26008
| 6th Cir. | 2010Background
- Ruvalcaba pled guilty to conspiracy to possess with intent to distribute cocaine; base offense level 26 and 3-point acceptance of responsibility reduction, total 23.
- Plea contained no criminal history agreement; government would not oppose low-end sentence if history category V or higher, and plea barred downward departure/variance.
- Presentence report originally fixed total offense level 23, history category V, range 7 years to 8 years 9 months; revised PSR sentenced as career offender under §4B1.1, based on two Ohio firearm convictions; base level 34, history VI, total level 31, range 15 years 8 months to 19 years 7 months.
- District court applied the career offender enhancement and sentenced Ruvalcaba to 15 years 8 months at the bottom of the range, detailing 3553(a) factors.
- On appeal, issues include whether the Ohio convictions are void due to post-release-control notice and whether they are crimes of violence; panel held convictions not void and were crimes of violence, sustaining the sentence; final holding affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ruvalcaba's Ohio priors are void | Ruvalcaba: priors void per Singleton | Ruvalcaba: voidness to bar use in career offender | No; priors not void; collateral attack not allowed; Aguilar-Diaz controls |
| Whether Ruvalcaba's priors are crimes of violence | Ruvalcaba: not crimes of violence under 4B1.2 | Ruvalcaba: discharging firearm at occupied structure is crime of violence | Yes; violations pose serious risk and are sufficiently similar to enumerated crimes; career offender applies |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (reasonableness review of sentences; both procedural and substantive)
- United States v. Gunter, 620 F.3d 642 (6th Cir. 2010) (reasonableness framework for sentencing review)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (must be similar in kind to enumerated offenses for violent felonies)
- LaCasse v. Wisconsin, 567 F.3d 763 (6th Cir. 2009) (fleeing/eluding as crime of violence; similarity in kind analysis)
- Ford v. United States, 560 F.3d 420 (6th Cir. 2009) (discusses similarity and risk in crime of violence analysis)
- United States v. Cole, 298 F.3d 659 (7th Cir. 2002) (risk from firing at structures; similar to enumerated crimes)
- Weinert v. United States, 1 F.3d 889 (9th Cir. 1993) (statutes discharging at structures as risk to bystanders)
- Terry-Crespo v. United States, 356 F.3d 1170 (9th Cir. 2004) (similar risk rationale for crime of violence)
- Aguilar-Diaz v. United States, 626 F.3d 265 (6th Cir. 2010) (addressed void priors and post-conviction relief context)
- Custis v. United States, 511 U.S. 485 (1994) (collateral attack limitations on prior convictions)