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United States v. Jesus Rodriguez-Rodriguez
Citations: 323 F.3d 317; 2003 U.S. App. LEXIS 3563; 2003 WL 549186Docket: 02-20697
Court: Court of Appeals for the Fifth Circuit; February 27, 2003; Federal Appellate Court
Jesus Rodriguez-Rodriguez appeals his sentence for illegal reentry after deportation, specifically challenging the classification of his prior Texas offenses—burglary of a building and unauthorized use of a motor vehicle (UUMV)—as "crimes of violence" under the 2001 United States Sentencing Guidelines (U.S.S.G. 2L1.2(b)(1)(A)(ii)). The district court had increased Rodriguez's offense level by sixteen points based on this classification, following a presentence report that identified his criminal history, including the aforementioned offenses. Rodriguez argued that these offenses did not constitute crimes of violence and that an eight-level increase for a prior aggravated felony should apply instead. The appellate court conducted a de novo review of the district court's application of U.S.S.G. 2L1.2 and noted that the guidelines' commentary has controlling weight unless plainly erroneous. According to Application Note 1(B)(ii), a "crime of violence" includes offenses that involve the use, attempted use, or threatened use of physical force against another person, listing specific violent crimes. Since both burglary of a building and UUMV are not explicitly mentioned in the commentary, they qualify as crimes of violence only if they inherently involve physical force. Under Texas law, burglary of a building can occur without the use of physical force if the individual enters with intent to commit a felony, theft, or assault. Similarly, UUMV involves operating a vehicle without consent, without necessitating the use of force. The court concluded that while violent confrontations might happen during these offenses, neither requires physical force as a necessary element. Consequently, Rodriguez's prior convictions do not warrant the sixteen-level enhancement for crimes of violence under U.S.S.G. 2L1.2(b)(1)(A)(ii), leading to a determination that the enhanced sentence was not justified. The Texas offenses of burglary of a building and unauthorized use of a motor vehicle (UUMV) are determined not to be "crimes of violence" under U.S.S.G. 2L1.2(b)(1)(A)(ii), as they are not specified in Application Note 1(B)(ii)(II) and do not involve the use, attempted use, or threatened use of physical force against another person. Consequently, Rodriguez's sentence is vacated, and the case is remanded for resentencing. While these offenses do not qualify for a crime-of-violence enhancement, they are classified as "crimes of violence" for the purpose of an aggravated-felony enhancement under U.S.S.G. 2L1.2(b)(1)(C), as defined by 8 U.S.C. 1101(a)(43). The court emphasizes that the definitions of "crime of violence" differ between the United States Code and the Sentencing Guidelines, which has led to some confusion. Rodríguez's prior convictions trigger an eight-level enhancement, but the underlying conduct of those convictions cannot be considered under the guidelines for the crime-of-violence enhancement.