United States v. Juvenito Monjaras-Castaneda

190 F.3d 326, 1999 WL 721879
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 20, 1999
Docket98-50731
StatusPublished
Cited by44 cases

This text of 190 F.3d 326 (United States v. Juvenito Monjaras-Castaneda) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Juvenito Monjaras-Castaneda, 190 F.3d 326, 1999 WL 721879 (5th Cir. 1999).

Opinions

E. GRADY JOLLY, Circuit Judge:

The issue presented in this appeal is one of statutory construction. Its resolution will determine whether Juvenito Monjar-as-Castaneda’s crime of conviction, illegally transporting aliens, is an aggravated felony, thereby requiring an enhanced sentence.

I

On September 24, 1992, six people illegally crossed the Rio Grande into the United States near Eagle Pass, Texas. They continued to Smiley, Texas, where they joined Juventino Monjaras-Castane-da (“Monjaras”).1 He was supposed to take them to Waco, Texas, but a traffic accident on September 26 ended the trip. The police arrested Monjaras and the rest of the group.

Monjaras later pled guilty to transporting aliens in violation of 8 U.S.C. § 1324(a)(l)(B)(now § 1324(a)(l)(A)(ii)) and was sentenced to six months’ imprisonment. After serving his sentence, he was deported. He reentered the country two years later and was again deported in 1996. In 1998, the border patrol arrested him, along with his brother, near Carrizo Springs, Texas.

This time, Monjaras pled guilty to illegal reentry into the United States in violation of 8 U.S.C. § 1326(a) & (b)(2). The district court sentenced him to 46 months’ imprisonment. In - calculating this sentence, the district court increased the base offense level by 16 under U.S.S.G. § 2L1.2(b)(l)(A) because of Monjaras’s 1992 aggravated felony conviction for illegally transporting aliens. In rejecting Monjaras’s objection to the enhancement, the district court explained that Monjar-as’s earlier six-month prison sentence had not been a sufficient deterrent to stop him from returning to the United States. Monjaras now challenges the sentence enhancement by arguing that illegally transporting aliens does not fall within the definition of “aggravated felony” for purposes of U.S.S.G. § 2L1.2(b)(l)(A).

II

A

There is only one issue before us on appeal: whether the term “aggravated fel[328]*328ony” in § 2L1.2(b)(l)(A)2 of the federal sentencing guidelines includes illegal transport of aliens. Application Note One to this section explains that “[a]ggravated felony is defined at 8 U.S.C. § 1101(a)(43).” U.S.S.G. § 2L1.2, comment, n. 1, Under 8 U.S.C. § 1101(a)(43)(N), “The term ‘aggravated felony’ means — ... an offense described in paragraph (1)(A) or (2) of section 1324(a) of this title (relating to alien smuggling).” Monjaras concedes that 8 U.S.C. 1324(a)(1)(A) describes the offense of illegal transport of aliens, along with several other offenses related to illegal aliens.3

It seems straightforward that Monjar-as’s illegal-transport-of-aliens conviction qualifies him for the increased punishment, but Monjaras makes three statutory construction arguments to the contrary. All three concern the parenthetical in 8 U.S.C. § 1324(a)(1)(A), “(relating to alien smuggling).”

First, Monjaras contends that under the plain meaning of § 1324(a)(1)(A), a conviction for transporting aliens does not “relate to alien smuggling.” He points out that “smuggling” involves crossing a national border. Monjaras then concludes that the only way to give effect to the phrase “relating to alien smuggling” is to limit the scope of § 1101(a)(43)(N) to include only the crimes in § 1324(a) that involve alien smuggling.

Second, Monjaras supports his proposed construction by arguing that it is consistent with other provisions of the Immigration and Nationality Act and the sentencing guidelines interpreting them. He begins by arguing that “smuggling” in § 1101(a)(43)(N) should have the same meaning as in 8 U.S.C. § 1251(a)(1)(E) (recodified at 8 U.S.C. § 1227). That section defines “smuggling” as having “encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of the [329]*329law.” Monjaras then cites case law4 interpreting § 1251(a)(1)(E) to require entry into the United States in order to qualify as “smuggling.” He next points to the title of U.S.S.G. § 2L1.1, “Smuggling, Transporting, or Harboring an Unlawful Alien.” Since it separates “smuggling” and “transporting” as two different offenses, Monjaras believes we should treat each differently.

Third, Monjaras contends that we must construe any ambiguity in § 1101(a)(43)(N) in his favor under the rule of lenity.

The government responds with the following five arguments of its own. First, the intent of Congress has been to expand the definition of “aggravated felony.”5 Second, the plain meaning of § 1101, § 1324, and U.S.S.G. § 2L1.2 includes transportation of aliens because that offense is expressly enumerated in § 1101(a)(43)(N). Third, the government argues that the “relating to” parenthetical merely describes the general nature of the felonies in § 1324(a)(1)(A) rather than which of those felonies apply to § 1101(a)(43)(N). Fourth, even if the “relating to” parenthetical is restrictive, not descriptive, a broad reading of “relating to” still includes transporting aliens. Fifth, the rule of lenity does not apply because the two statutes and the sentencing guidelines are unambiguous.

B

We review the district court’s application of the sentencing guidelines de novo, United States v. Hinojosa-Lopez, 130 F.3d 691, 693 (5th Cir.1997), and conclude that “aggravated felony” in U.S.S.G. § 2L1.2(b)(l)(A) includes transportation of aliens. The central question is whether the parenthetical in § 1101(a)(43)(N) is descriptive or restrictive.

The process of statutory construction begins with an examination of the statute’s actual language. United States v. Alvarez-Sanchez, 511 U.S. 350, 356, 114 S.Ct. 1599, 128 L.Ed.2d 319 (1994). The language at issue is from § 1101(a)(43)(N): “The term ‘aggravated felony’ means — ... an offense described in paragraph (1)(A) or (2) of section 1324(a) of this title (relating to alien smuggling).”

An examination of this language reveals that the parenthetical, “(relating to alien smuggling)” refers to “paragraph (1)(A) or (2) of section 1324(a) of this title,” not “offense.” The conventional rules of grammar demonstrate this. See Norman J. Singer, 2A Sutherland Statutory Construction § 45.13, at 78 (5th ed.l992)(“[L]egislators can be presumed to rely on conventional language usage.”). If the parenthetical referred to “offense,” it would have been placed directly after that word.

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Bluebook (online)
190 F.3d 326, 1999 WL 721879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juvenito-monjaras-castaneda-ca5-1999.