United States v. Jose Maria Mendoza-Figueroa

65 F.3d 691, 1995 U.S. App. LEXIS 25199, 1995 WL 523166
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 7, 1995
Docket93-2867
StatusPublished
Cited by79 cases

This text of 65 F.3d 691 (United States v. Jose Maria Mendoza-Figueroa) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jose Maria Mendoza-Figueroa, 65 F.3d 691, 1995 U.S. App. LEXIS 25199, 1995 WL 523166 (8th Cir. 1995).

Opinions

[692]*692LOKEN, Circuit Judge.

After Jose Maria Mendoza-Figueroa pleaded guilty to conspiracy to distribute marijuana, the district court1 sentenced him as a career offender under U.S.S.G. § 4B1.1 because of his two prior drug convictions. Mendoza-Figueroa appealed the resulting 236-month sentence. A divided panel of this circuit reversed, agreeing with United States v. Price, 990 F.2d 1367 (D.C.Cir.1993), that the Sentencing Commission “exceeded the statutory underpinnings of the career offender provisions” by including drug conspiracy offenses in its definition of offenses that qualify a defendant for the career offender enhancement. United States v. Mendoza-Figueroa, 28 F.3d 766 (8th Cir.1994). We granted rehearing en banc because the panel opinion appeared to conflict with United States v. Baker, 16 F.3d 854 (8th Cir.1994), and with most other circuits that have considered this issue.2 Agreeing with the majority of other circuits, we now affirm.

The district court’s finding that Mendoza-Figueroa is a career offender has direct support in the Guidelines and interpretive commentary. The operative guideline is § 4B1.1:

A defendant is a career offender if (1) the defendant was at least eighteen years old at the time of the instant offense, (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and (3) the defendant has at least two prior convictions of either a crime of violence or a controlled substance offense.

(Emphasis added.) Mendoza-Figueroa is over eighteen years old and has two prior controlled substance convictions; the issue is whether the instant offense, conspiracy to distribute marijuana, is a “controlled substance offense.” The underlying offense of distributing marijuana is a “controlled substance offense,” as that term is defined in the next guideline, U.S.S.G. § 4B1.2.3 A conspiracy to commit that controlled substance offense is then added to the definition by means of an interpretive commentary:

The terms “crime of violence” and “controlled substance offense” include the offenses of aiding and abetting, conspiring, and attempting to commit such offenses.

§ 4B1.2, comment, (n. 1) (emphasis added). In Stinson v. United States, — U.S. -, 113 S.Ct. 1913, 1919, 123 L.Ed.2d 598 (1993), which involved another career offender commentary, the Supreme Court defined the weight we must give the Commission’s interpretive commentary: “commentary in the Guidelines Manual that interprets or explains a guideline is authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline.”

Every court has agreed that the Commission’s extensive statutory authority to fashion appropriate sentencing guidelines includes the discretion to include drug conspiracy offenses in the category of offenses that warrant increased prison terms for career offenders. See 28 U.S.C. § 994(a) — (f); Price, 990 F.2d at 1369; Heim, 15 F.3d at 832; Allen, 24 F.3d at 1186-87. See generally Mistretta v. United States, 488 U.S. 361, [693]*693375-78, 109 S.Ct. 647, 656-58, 102 L.Ed.2d 714 (1989). Nevertheless, the court in Price refused to enforce Note 1 to § 4B1.2. First, it held that the Commission did not base the career offender guidelines on its full statutory authority, relying upon the following background commentary:

28 U.S.C. § 994(h) mandates that the Commission assure that certain “career” offenders, as defined in the statute, receive a sentence of imprisonment “at or near the maximum term authorized.” Section 4B1.1 implements this mandate.

§ 4B1.1, comment, (backg’d). Then, because 28 U.S.C. § 994(h) specifies a limited group of controlled substance offenses for which harsher sentences are mandated, see § 994(h)(1)(B), and because drug conspiracy offenses are not included in this statutory listing, the court in Price concluded:

Here, the Commission has acted explicitly upon grounds that do not sustain its action. Because we find its stated basis— § 994(h) — inadequate for Application Note l’s inclusion of conspiracies, Note 1 [to § 4B1.2] cannot support Price’s sentence as a career offender. Thus, without passing on the Commission’s authority to readopt Application Note 1 to § 4B1.2 (or some variation of Note 1) on alternative grounds, we vacate the sentence and remand the ease to the district court for resentencing.

990 F.2d at 1370 (emphasis in original).4 Mendoza-Figueroa urges us to adopt Price’s reasoning. We decline to do so. Like nine other circuits, we conclude that the reasoning in Price is fatally flawed for a number of reasons.

First, the court in Price concluded from the background comment to § 4B1.1 that the Sentencing Commission did not intend to base its career offender guidelines on any statutory authority other than § 994(h). That analysis conflicts with the Supreme Court’s teaching in Stinson:

We do not think it helpful to treat commentary as a contemporaneous statement of intent by the drafters or issuers of the guideline.... We also find inapposite an analogy to an agency’s construction of a federal statute that it administers_ Although the analogy is not precise ... we think the government is correct in suggesting that the commentary be treated as an agency’s interpretation of its own legislative rule.

— U.S. at-, 113 S.Ct. at 1918-19. In other words, we should not treat the background commentary to § 4B1.1 as explaining the Commission’s intent in adopting career offender guidelines, and then invalidate an interpretive commentary because that explanation does not sufficiently justify the commentary under the administrative law principles of SEC v. Chenery Corp., 318 U.S. 80, 63 S.Ct. 454, 87 L.Ed. 626 (1943). Rather, under Stinson, we look only at whether an interpretive commentary — here, Note 1 to § 4B1.2 — (i) is within the Commission’s full statutory authority, and (ii) is a “plainly erroneous reading” of the guideline it interprets. Every court has agreed that Note 1 is within the Commission’s statutory authority, and Mendoza-Figueroa does not argue, and in our view could not tenably argue, that Note 1 is a plainly erroneous reading of § 4B1.2. Therefore, we must enforce Note 1 in accordance with its terms. See Hightower, 25 F.3d at 185; Piper, 35 F.3d at 617.

Second, even if Stinson

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Kayne Donath
107 F.4th 830 (Eighth Circuit, 2024)
United States v. Scott Cupples
105 F.4th 1096 (Eighth Circuit, 2024)
United States v. Remberto Rivera
76 F.4th 1085 (Eighth Circuit, 2023)
United States v. Roberto Castillo
69 F.4th 648 (Ninth Circuit, 2023)
United States v. Patrick Medearis
65 F.4th 981 (Eighth Circuit, 2023)
United States v. Devon McConnell
65 F.4th 398 (Eighth Circuit, 2023)
United States v. Melvin Shields
63 F.4th 1145 (Eighth Circuit, 2023)
United States v. Eric Coleman
60 F.4th 1184 (Eighth Circuit, 2023)
United States v. Brandon Romel Dupree
57 F. 4th 1269 (Eleventh Circuit, 2023)
United States v. Marion Hare
Eighth Circuit, 2022
Barker v. United States
N.D. West Virginia, 2022
United States v. Tony Bone
Eighth Circuit, 2022
United States v. Trey Campbell
22 F.4th 438 (Fourth Circuit, 2022)
United States v. Levi Miller
11 F.4th 944 (Eighth Circuit, 2021)
United States v. Isaiah Henderson
11 F.4th 713 (Eighth Circuit, 2021)
United States v. Tray Miller
Eighth Circuit, 2021

Cite This Page — Counsel Stack

Bluebook (online)
65 F.3d 691, 1995 U.S. App. LEXIS 25199, 1995 WL 523166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jose-maria-mendoza-figueroa-ca8-1995.