Background

• Sanchez-Ledezma pled guilty to illegal reentry after removal under 8 U.S.C. § 1326 and was sentenced to 18 months.
• The district court applied an eight-level enhancement under § 2L1.2(b)(1)(C) for a prior Texas evading arrest with a motor vehicle conviction as an aggravated felony.
• Sanchez-Ledezma objected, arguing the Texas offense is not an aggravated felony under § 2L1.2(b)(1)(C).
• The court relied on Harrimon to treat evading arrest with a vehicle as a crime of violence under § 16(b) for purposes of § 101(a)(43)’s aggravated felony definition.
• The Fifth Circuit ultimately affirmed, holding evading arrest with a vehicle fits § 16(b) and thus constitutes an aggravated felony under § 2L1.2(b)(1)(C).
• This appeal concerns only the interpretation of the Guidelines as applied to the sentence, not the plea or conviction itself.

Issues

Key Cases Cited

• Harrimon, 568 F.3d 531 (5th Cir. 2009) (whether § 38.04(b)(1) evading arrest with a motor vehicle is a violent felony under ACCA and its related violent-crime standards; endorses treating it as aggressive/violent under Begay)
• Leocal v. Ashcroft, 543 U.S. 1 (Supreme Court 2004) (requires a categorical approach to determine crimes of violence for immigration purposes)
• Begay v. United States, 553 U.S. 137 (Supreme Court 2008) (establishes standard that ‘crime of violence’ requires purposeful, violent, and aggressive conduct)
• Chambers v. United States, 555 U.S. 122 (Supreme Court 2009) (discusses aggressiveness and risk associated with violence in the context of purposes of recidivist determinations)
• U.S. v. Chapa-Garza, 243 F.3d 921 (5th Cir. 2001) (applies categorical approach to § 16 analysis for violence)