Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, March 20, 2012

Romo-Villalobos: Resisting officer is "crime of violence"

In United States v. Romo-Villalobos, No. 10-15350 (March 20, 2012), the Court affirmed the 37-month sentence of a defendant convicted of illegal reentry after a felony, in violation of 8 U.S.C. § 1326(a) and (b)(1), and for illegal reentry after conviction of false representations, in violation of 8 U.S.C. §§ 1325(a)(1) and 1329.
The Court rejected the argument that the 16-level Guideline enhancement for a reentry offender with a conviction for a prior "crime of violence" should not have applied. The Court pointed out that Florida courts interpreted Romo-Villalobos’ prior offense for obstructing a police officer as one in which violence was a necessary element of the offense. The Court rejected the argument that Florida caselaw showed that de minimis force is sufficient to establish violence under Romo-Villalobos’ Florida offense of conviction.