United States v. Sanchez-Martinez
2011 U.S. App. LEXIS 2818
| 8th Cir. | 2011Background
- Sanchez-Martinez pleaded guilty to illegal reentry after deportation under 8 U.S.C. § 1326(a), (b)(2).
- PSR calculated a sixteen-level increase under USSG § 2L1.2(b)(1)(A)(ii) by treating a Minnesota terroristic threats conviction as a crime of violence.
- Sanchez-Martinez argued the conviction does not qualify as a crime of violence and could be treated as an eight- or four-level increase instead.
- District court found the terroristic threats conviction to be a crime of violence and computed a 46–57 month guideline range.
- The court planned a downward departure to a lower range (total level 17, 30–37 months) and imposed 36 months’ imprisonment.
- On appeal, the court held the misclassification was harmless error because the sentence would be the same under any reasonable level determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether terroristic threats qualifies as a crime of violence under § 2L1.2(b)(1)(A)(ii). | Sanchez-Martinez contends the record cannot support a sixteen-level increase. | Sanchez-Martinez's position is that not every terroristic threats conviction is a crime of violence under § 2L1.2. | Yes; the court held the classification was improper as applied to this record. |
| Whether the misapplication was harmless given the sentence actually imposed. | The error affected the guideline calculation. | The district court would have imposed the same 36-month sentence regardless of the exact level increase. | Harmless error; sentence affirmed. |
Key Cases Cited
- Olmsted v. Holder, 588 F.3d 556 (8th Cir. 2009) (not all terroristic threats convictions qualify as crime of violence under § 2L1.2)
- Naranjo-Hernandez, 133 F. App'x 96 (5th Cir. 2005) (some Minnesota terroristic threats offenses do not require force as an element)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (modified categorical approach for determining qualifying conviction)
- Clinkscale, 559 F.3d 815 (8th Cir. 2009) (discussion of terroristic threats and elements under Minnesota law)
- United States v. Jackson, 594 F.3d 1027 (8th Cir. 2010) (harmless error framework for miscalculated guidelines)