United States v. Garcia

202 F. Supp. 3d 1109, 2016 WL 4364438, 2016 U.S. Dist. LEXIS 108684
CourtDistrict Court, N.D. California
DecidedAugust 16, 2016
DocketCase No. 13-cr-00601-JST-1
StatusPublished
Cited by7 cases

This text of 202 F. Supp. 3d 1109 (United States v. Garcia) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Garcia, 202 F. Supp. 3d 1109, 2016 WL 4364438, 2016 U.S. Dist. LEXIS 108684 (N.D. Cal. 2016).

Opinion

ORDER GRANTING MOTION TO VACATE SENTENCE

Re: ECF No. 58

JON S. TIGAR, United States District Judge

Before the Court is Defendant Heri Garcia’s motion to vacate sentence pursuant to 28 U.S.C. § 2255. ECF No. 58. On July 13, 2016, the Court granted Defendant’s motion, ECF No. 73, and scheduled a re-sentencing hearing for August 26, 2016, ECF No. 74. This order sets forth the reasoning underlying the Court’s July 13, 2016 order granting Defendant’s motion.

I. BACKGROUND

On September 12, 2013, Defendant was charged by indictment with one count of violation of 18 U.S.C. § 922(g)(1) (felon in possession of a firearm). ECF No. 1. On March 18, 2015, Defendant pleaded guilty to that count in the indictment. ECF No. 56. The Court sentenced Defendant to 30 [1112]*1112months imprisonment. Id. at 2. Defendant voluntarily surrendered to begin his sentence on May 12, 2015, and his anticipated release date is June 28, 2017. ECF No. 58 at 1-2.

In determining Defendant’s sentence, the Court first concluded that Defendant’s base offense level was 20 under U.S.S.G. § 2K2.1(a)(4)(A) because Defendant had a prior conviction for a “crime of violence,” namely involuntary manslaughter under Cal. Penal Code § 192(b). ECF No. 58 at 2; ECF No. 65 at 8. The Court then increased Defendant’s offense level by two under U.S.S.G. § 2K2.1(b)(4)(A) based on his possession of a firearm that was stolen, and decreased Defendant’s offense level by three based on Defendant’s acceptance of responsibility. Id. These adjustments resulted in an offense level of 19, and a corresponding Guidelines sentencing range of 37 to 46 months. Id.

On April 25, 2016, Defendant filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255. ECF No. 58. The Court held a hearing on Defendant’s motion on June 10, 2016 and took the matter under submission. ECF No. 67. On July 13, 2016, the Court granted Defendant’s motion, noted that a subsequent order would set forth the Court’s reasoning, and scheduled a resentencing hearing. ECF No. 73.

II. LEGAL STANDARD

Defendant’s motion to vacate his sentence arises under 28 U.S.C. § 2255, which provides:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

28 U.S.C. § 2255(a). Thus, “[ujnder 28 U.S.C. § 2255, a federal court may vacate, set aside; or correct a federal prisoner’s sentence if the sentence was imposed in violation of the Constitution or laws of the United States.” United States v. Withers, 638 F.3d 1055, 1062 (9th Cir.2011).

III. ANALYSIS

Defendant challenges his sentence based on the fact that the Guidelines calculation underlying his sentence incorporated the same definition of a “crime of violence” that the Supreme Court recently determined was unconstitutionally vague in the context of the Armed Career Criminal Act (“ACCA”) in Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). Absent the conclusion that Defendant had previously been convicted of a “crime of violence,” Defendant argues his base offense level would have been 13, as opposed to 20, resulting in a corresponding Guidelines sentencing range of 18 to 24 months, as opposed to 37 to 46 months.1 ECF No. 58 at 2.

Defendant’s base offense level was calculated to be 20 under U.S.S.G. § 2K2.1(a)(4)(A) based on the Court’s conclusion that Defendant’s conviction for involuntary manslaughter under Cal. Penal Code § 192(b) constituted a “crime of violence.” Section 2K2.1(a)(4)(A) incorporates the definition of “crime of violence” set forth in section 4B1.2(a), which provides:

The term “crime of violence” means any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that—
[1113]*1113(1) has as an element the use, attempted use, or threatened use of physical force against the person of another, or
(2) is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.

The Court determined that Defendant’s prior conviction for involuntary manslaughter fit within this definition of crime of violence because involuntary manslaughter “involves conduct that presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(a)(2). This portion of section 4B1.2(a)’s definition of “crime of violence” is generally referred to as the “residual clause.”

In Johnson, the Supreme Court determined that the definition of “violent felony” in a separate statute, 18 U.S.C. § 924(e)(2)(B), was unconstitutionally vague such that “imposing an increased sentence [under that statute] violates the Constitution’s guarantee of due process.” 135 S.Ct. at 2568. The definition of “violent felony” at issue in Johnson is identical to the definition of “crime of violence” found in U.S.S.G. § 4B1.2(a), the statute at issue in this case. In ruling that the definition of “violent felony” in 18 U.S.C. § 924(e)(2)(B) was unconstitutionally vague, the Supreme Court focused its analysis on the residual clause, which this Court also relied upon in calculating Defendant’s base offense level. Id. at 2557 (“We are convinced that the indeterminacy of the wide-ranging inquiry required by the residual clause both denies fair notice to defendants and invites arbitrary enforcement by judges. Increasing a defendant’s sentence under the clause denies due process of law.”).

The government concedes that the Supreme Court’s holding in Johnson “applies to the residual clause of section 4B1.2 for cases on direct appeal.” ECF No. 65 at 3. Thus, the government concedes that were Defendant before the Court today for sentencing in the first instance, the Court would not be permitted to conclude that Defendant’s prior involuntary manslaughter conviction constituted a “crime of violence,” resulting in a base offense level of 20. Rather, were Defendant before the Court today for sentencing in the first instance, the Court would calculate Defendant’s base offense level to be 13. Nonetheless, the government argues that Defendant is not entitled to relief pursuant to 28 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
202 F. Supp. 3d 1109, 2016 WL 4364438, 2016 U.S. Dist. LEXIS 108684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-garcia-cand-2016.