Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Corrales-Lobo

United States District Court, S.D. Texas, Corpus Christi Division

July 25, 2017

UNITED STATES OF AMERICA Plaintiff/Respondent,
v.
ERICK RONALD CORRALES-LOBO, Defendant/Movant. CA. No. 2:16-187

          MEMORANDUM OPINION AND ORDER

          JOHN D. RAINEY SENIOR U.S. DISTRICT JUDGE.

         Defendant/Movant Erick Ronald Corrales-Lobo (Corrales-Lobo) filed a motion to vacate, set-aside, or correct sentence pursuant to 28 U.S.C. § 2255. D.E. 21. The Court reviewed the § 2255 motion and concludes that summary dismissal is appropriate because “it plainly appears from the motion . . . and the record of prior proceedings that the moving party is not entitled to relief. . . .” Rule 4(b), Rules Governing Section 2255 Proceedings for the United States District Courts (2017) (2255 Rules).

         I. BACKGROUND

         Corrales-Lobo pled guilty to illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2). The Probation Department prepared a Presentence Investigation Report. The base offense level for illegal reentry is 8. Because Corrales-Lobo was convicted of aggravated assault in Georgia in 2003, his offense level was enhanced by 12 for a prior crime of violence, resulting in a total offense level of 17 after credit for acceptance of responsibility. His criminal history category was IV, yielding a guideline sentencing range of 37 to 46 months' imprisonment.

         The Court sentenced Corrales-Lobos to 27 months' imprisonment. Judgment was entered on January 21, 2016. He did not appeal. Corrales-Lobo filed his present motion on May 18, 2016. It is timely.

         II. MOVANT'S CLAIMS

         Corrales-Lobo challenges his sentence pursuant to Johnson v. United States, 135 S.Ct. 2551 (2015). He claims Johnson precludes the use of the residual clause for crimes of violence in the Sentencing Guidelines. He also cites Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015), which held that § 16(b) of Title 8 of the United States Code was unconstitutionally vague.

         III. ANALYSIS

         A. 28 U.S.C. § 2255

         There are four cognizable grounds upon which a federal prisoner may move to vacate, set aside, or correct his sentence: 1) constitutional issues, 2) challenges to the district court's jurisdiction to impose the sentence, 3) challenges to the length of a sentence in excess of the statutory maximum, and 4) claims that the sentence is otherwise subject to collateral attack. 28 U.S.C. § 2255; United States v. Placente, 81 F.3d 555, 558 (5th Cir. 1996). “Relief under 28 U.S.C. § 2255 is reserved for transgressions of constitutional rights and for a narrow range of injuries that could not have been raised on direct appeal and would, if condoned, result in a complete miscarriage of justice.” United States v. Vaughn, 955 F.2d 367, 368 (5th Cir. 1992).

         B. Johnson Claim

         Corrales-Lobo's offense level was enhanced pursuant to § 2L1.2(b)(1)(A) of the Sentencing Guidelines. The application notes list crimes of violence, in addition to describing them. Id., application n. 1(B)(iii) (2014). Aggravated assault is one of the listed crimes of violence. If Georgia defines aggravated assault no more broadly than generic aggravated assault referenced by the Guidelines, Corrales-Lobo's conviction may be used to enhance his offense level. If Georgia defines its crime more broadly, the conviction may not be used to enhance. See Taylor v. United States, 495 U.S. 575, 598 (1990).

         Corrales-Lobos was indicted and convicted of aggravated assault pursuant to Georgia Code § 16-5-21. The Indictment recites that Corrales-Lobos “did then and there unlawfully make an assault upon the person of Jorge Marenco, with a pistol, a deadly weapon, by shooting at Jorge Marenco . . .” D.E. 15, p. 5. Subsection 16-5-21(a) governs the conduct described in Corrales-Lobo's Indictment without specifying the particular subsection. It states:

         (a) A person commits the offense of aggravated assault when ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.