United States v. Sanchez-Garcia
2011 U.S. App. LEXIS 12679
| 8th Cir. | 2011Background
- Sanchez-Garcia stopped for driving with no license plates; a 9mm Beretta fell from his waistband.
- He is a Mexican citizen and pled guilty to illegal reentry after deportation and to possession of a firearm by an illegal alien.
- PSR added a 16-level enhancement for deportation after a felony drug trafficking conviction with sentence over 13 months; base level for Count I was 8.
- Count II base level increased to 20 due to one felony conviction of a controlled-substance offense.
- District court denied objections to the PSR; Sanchez-Garcia received a 70-month sentence, at the bottom of the guideline range.
- On appeal, the Ninth Circuit (Eighth Circuit) affirms the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sanchez-Garcia’s prior conviction qualifies as a controlled-substance offense. | Sanchez-Garcia; the California statute is overinclusive and not a controlled-substance offense under the guidelines. | Government; the California statute can support the enhancement via the modified categorical approach. | Yes; the enhanced conviction is supported after applying the modified categorical approach. |
| Whether the government proved the 2001 methamphetamine conviction. | Sanchez-Garcia admitted the 2001 conviction. | Charging document alone insufficient; need evidence of conviction. | Conviction proved by combination of charging document and judicial records (order of court, minutes) under Shepard/Forrest. |
| Whether the California offense qualifies as a drug-trafficking or controlled-substance offense under U.S.S.G. § 2L1.2(b)(1)(A)(i) and § 2K2.1(a)(4)(A). | Statutory text supports enhancement. | California law is overinclusive and not identical to CSA definitions. | California offense qualifies under the modified categorical approach for the guideline enhancements. |
| Whether the sentence is unreasonable under 18 U.S.C. § 3553(a). | Sentence not justified beyond necessary deterrence. | District court weighed 3553(a) factors; sentence within guidelines. | Sentence affirmed as reasonable and within advisory guidelines. |
Key Cases Cited
- Garcia-Medina v. United States, 497 F.3d 875 (8th Cir. 2007) (reaffirmed use of Shepard/modified approach for overinclusive state statutes)
- Sonnenberg v. United States, 556 F.3d 667 (8th Cir. 2009) (modified categorical approach applied to state statutes defining offenses including conduct outside qualifying range)
- Shepard v. United States, 544 U.S. 13 (Sup. Ct. 2005) (permissible judicial records to interpret ambiguous prior convictions)
- Taylor v. United States, 495 U.S. 575 (Sup. Ct. 1990) (definition of generic terms in status offense guidance)
- Forrest v. United States, 611 F.3d 908 (8th Cir. 2010) (evidence of conviction may include multiple judicial records; guidance post-Shepard)