United States v. Quinonez-Saa, 071118 FED5, 15-20606
|Opinion Judge:||PER CURIAM:|
|Party Name:||UNITED STATES OF AMERICA, Plaintiff - Appellee v. VICTOR HUGO QUINONEZ-SAA, also known as Victor Hugo Quinonez Saa, also known as Mario Walter Quinones, Defendant - Appellant|
|Judge Panel:||Before DAVIS, HAYNES, and DUNCAN, Circuit Judges.|
|Case Date:||July 11, 2018|
|Court:||United States Courts of Appeals, Court of Appeals for the Fifth Circuit|
Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-309
Before DAVIS, HAYNES, and DUNCAN, Circuit Judges.
PER CURIAM: [*]
Victor Hugo Quinonez-Saa appeals his sentence resulting from a guilty plea for being illegally in the United States after being deported subsequent to an aggravated felony conviction. Quinonez-Saa claims the district court plainly erred in concluding that his first-degree murder conviction was a "crime of violence" under § 2L1.2(b)(1)(A)(ii) of the United States Sentencing Guidelines ("U.S.S.G"). Because any error was not plain, we AFFIRM.
Quinonez-Saa pleaded guilty to one count of being illegally in the United States after being deported subsequent to an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). The 2014 Sentencing Guidelines in effect at the time added sixteen points to a defendant's base offense level if he illegally reentered or stayed in the United States after having previously committed a felony "crime of violence." See U.S.S.G § 2L1.2(b)(1)(A)(ii). The Probation Office concluded that Quinonez-Saa's prior state conviction for first-degree murder was a "crime of violence," and so it recommended increasing his offense level from 8 to 24.
Based on Quinonez-Saa's offense level and criminal history, the Sentencing Guidelines called for 46 to 57 months in prison.1 See U.S.S.G., ch. 5, pt. A. The district court sentenced Quinonez-Saa to 42 months, which included credit for four months he already spent in custody. Quinonez-Saa did not object to the Probation Office's use of the "crime of violence" enhancement in calculating his Sentencing Guidelines range in its Presentence Investigation Report, or to the district court's application of the enhancement at sentencing. Quinonez-Saa now appeals his sentence, challenging the crime of violence enhancement.
II. Standard of Review
Quinonez-Saa concedes, and the record confirms, that his appeal is subject to plain error review because he did not raise this issue in the district court. See United States v. Garcia-Perez, 779 F.3d 278, 281-82 (5th Cir. 2015). To establish plain error, a defendant "must show (1) an error (2) that was clear or obvious (3) that affected his substantial rights." See United States v. Avalos-Martinez, 700 F.3d 148, 153 (5th Cir. 2012) (per...
To continue readingFREE SIGN UP