10th Circuit Court to Hear Cases at Law School
08-2218 NM United States v. Gonzalez-Jaquez, Appellant
Reproduced below are excerpts from each brief that summarize the issues.
United States v. Gonzalez-Jaquez, Appellant - APPELLANT'S OPENING BRIEF
This is a re-entry case. On July 20, 2007, Appellant Francisco Javier Gonzalez-Jaquez (“Appellant”) pled guilty to violating of 8 U.S.C. §§ 1326(a) and (b). Record, Docket # 36 at p.1. The United States Probation Office prepared a pre-sentence report recommending, inter alia, that Appellant’s sentence be enhanced sixteen levels based upon a prior California state court conviction for sexual battery.
United States v. Gonzalez-Jaquez, Appellant - APPELLEE'S ANSWER BRIEF
On July 10, 2007, a federal grand jury returned a one-count indictment against defendant/appellant Francisco Javier Gonzalez-Jaquez accusing him of reentering the United States after having been deported, in violation of 8 U.S.C. §§ 1326(a) and (b). Doc. 10.1 On July 20, 2007, Gonzalez-Jaquez pled guilty to the indictment. There was no plea agreement. The pre-sentence report determined that Gonzalez-Jaquez's base offense level was eight, and that he was subject to a 16-level enhancement for having committed a crime of violence before he was deported.
United States v. Gonzalez-Jaquez, Appellant - APPELLANT'S REPLY BRIEF
The argument is as follows: Trial counsel’s objection to the District Court’s application of U.S.S.G. § 2L1.2(B)(1)(a)(II) preserved the issue for review; The District Court erred in treating the crime underlying the enhancement as a categorical crime of violence when the record contained no evidence of the actual statute under which appellant was previously convicted; The District Court’s application of the 16-level enhancement was plain error.