United States v. Vincent Lloyd Campbell, AKA Elijah Wilson, 167 F.3d 94 (2d Cir. 1999). · Go Syfert
United States v. Vincent Lloyd Campbell, AKA Elijah Wilson, 167 F.3d 94 (2d Cir. 1999). Cases Citing This Book View Copy Cite
“hether one has been 'convicted' within the language of statutes is necessarily . . . a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the state.”
87 citation events (76 in the last 25 years) across 15 distinct courts.
Strongest positive: Claudia Prado v. William Barr (ca9, 2020-02-03)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 49 distinct citers.
examined Cited as authority (verbatim quote) Claudia Prado v. William Barr
9th Cir. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hether one has been 'convicted' within the language of statutes is necessarily . . . a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the state.
examined Cited as authority (verbatim quote) Claudia Prado v. William Barr
9th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hether one has been 'convicted' within the language of statutes is necessarily . . . a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the state.
examined Cited as authority (quoted) Renteria-Gonzalez v. Immigration & Naturalization Service (6×) also: Cited as authority (rule), Cited "see"
5th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence low
o provision excepts from moosa v. ins, 171 f.3d 994 , 1010 n.9 (5th cir. this definition a conviction that has been va- 1999). cated.
discussed Cited as authority (rule) Peguero Vasquez v. Garland
2d Cir. · 2023 · confidence medium
Whether or not “one has been ‘convicted’ within the language of [federal] statutes is necessarily . . . a question of federal, not state law, despite the fact that the predicate offense and its punishment are defined by the laws of the State.” United States v. Campbell, 167 F.3d 94, 97 (2d Cir. 1999) (quotation marks omitted) (alterations in original).
discussed Cited as authority (rule) Taylor v. Sessions
2d Cir. · 2018 · confidence medium
We previously have observed that “[w]hether one has been ‘convicted’ within the language of [federal] statutes is necessarily ... a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the State.” United States v. Campbell, 167 F.3d 94, 97 (2d Cir. 1999) (alterations in original, citation omitted) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Juan Moreno-Tapia
4th Cir. · 2017 · confidence medium
In other words, if a qualifying conviction was on the books when the defendant was deported, then it serves to enhance a sentence for illegal reentry under § 2L1.2 even if it is subsequently vacated, see, e.g., United States v. Orduno-Mireles, 405 F.3d 960 , 961 n.1 (11th Cir. 2005); United States v. Garcia-Lopez, 375 F.3d 586, 588 (7th Cir. 2004); United States v. Luna-Diaz, 222 F.3d 1, 4 (1st Cir. 2000), or otherwise set aside, see, e.g., United States v. Campbell, 167 F.3d 94, 98 (2d Cir. 1999) (conviction set aside when probation term completed).
discussed Cited as authority (rule) United States v. Wilmer Canelas-Amador
6th Cir. · 2016 · confidence medium
See United States v. Mendez-Sosa, 782 F.3d 1061, 1063 (9th Cir. 2015) (“Chapter Four of the sentencing guidelines, and not the Immigration and Nationality Act, provides the proper definition of ‘conviction.’”); United States v. Campbell, 167 F.3d 94, 98 (2d Cir. 1999); United States v. Cuevas, 75 F.3d 778, 782 (1st Cir. 1996).
discussed Cited as authority (rule) United States v. Yomar Moran-Rosario
4th Cir. · 2012 · confidence medium
See United States v. Salazar-Mojica, 634 F.3d 1070, 1073-74 (9th Cir.) (felony reduced to misdemeanor), cert. denied, —U.S.—, 132 S.Ct. 348 , 181 L.Ed.2d 219 (2011); United States v. Orduno-Mireles, 405 F.3d 960 , 962 & n. 1 (11th Cir.2005) (although prior conviction vacated, relevant time was time of deportation); United States v. Garcia-Lopez, 375 F.3d 586, 588 (7th Cir.2004) (same); United States v. Luna-Diaz, 222 F.3d 1, 4 (1st Cir.2000) (same); United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999) (conviction set aside when probation term completed); United States v. Cisneros-Cabre…
discussed Cited as authority (rule) United States v. Salazar-Mojica
9th Cir. · 2011 · confidence medium
Nothing in the guideline suggests that the analysis should consider whether the conviction has been vacated subsequent to the deportation but prior to the sentencing for the reentry offense.”); United States v. Luna-Diaz, 222 F.3d 1 , 4 (1st Cir.2000) (noting that relevant time period is the time of deportation); United States v. Campbell, 167 F.3d 94, 98 (2d Cir. 1999) ("[C]onvictions vacated for reasons unrelated to guilt or flaws in the proceedings ... are not to be disregarded.”); United States v. Cisneros-Cabrera, 110 F.3d 746, 748 (10th Cir.1997) (noting that whether the conviction i…
discussed Cited as authority (rule) Saleh v. Gonzales
2d Cir. · 2007 · confidence medium
We have previously observed that “[w]hether one has been ‘convicted’ within the language of [federal] statutes is necessarily ... a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the State.” United States v. Campbell, 167 F.3d 94, 97 (2d Cir.1999) (alterations in original, citation omitted); cf. Dickerson v. New Ban *22 ner Inst., Inc., 460 U.S. 103, 119-20 , 103 S.Ct. 986 , 74 L.Ed.2d 845 (1983) (holding that in “the absence of a plain indication to the contrary, ... it is to" be assumed when Congress ena…
discussed Cited as authority (rule) Saleh v. Gonzales
2d Cir. · 2007 · confidence medium
We 9 have previously observed that “[w]hether one has been ‘convicted’ 10 within the language of [federal] statutes is necessarily . . . a 11 question of federal, not state, law, despite the fact that the 12 predicate offense and its punishment are defined by the law of 13 the State.” United States v. Campbell, 167 F.3d 94, 97 (2d Cir. 14 1999) (alternations in original, citation omitted); cf. Dickerson 15 v. New Banner Inst., Inc., 460 U.S. 103, 119-20 (1983) (holding 16 that in “the absence of a plain indication to the contrary, . . 17 . it is to be assumed when Congress enacts a s…
discussed Cited as authority (rule) Saleh v. Gonzales
2d Cir. · 2007 · confidence medium
We 9 have previously observed that “[w]hether one has been ‘convicted’ 10 within the language of [federal] statutes is necessarily . . . a 11 question of federal, not state, law, despite the fact that the 12 predicate offense and its punishment are defined by the law of 13 the State.” United States v. Campbell, 167 F.3d 94, 97 (2d Cir. 14 1999) (alternations in original, citation omitted); cf. Dickerson 15 v. New Banner Inst., Inc., 460 U.S. 103, 119-20 (1983) (holding 16 that in “the absence of a plain indication to the contrary, . . 17 . it is to be assumed when Congress enacts a s…
discussed Cited as authority (rule) Durant Blake, A/K/A Terrel Carner, A/K/A Durant Stanley v. Alberto Gonzales, Attorney General of the United States
2d Cir. · 2007 · signal: cf. · confidence medium
Cf. United States v. Campbell, 167 F.3d 94, 97 (2d Cir.1999) (observing that “[t]he immigration laws contain no provision ... indicating] that they are to be interpreted in accordance with state law,” and holding that whether a person has been convicted of an aggravated felony within the language of 8 U.S.C. § 1326 (b)(2) “is necessarily ... a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the State” (internal quotation marks omitted)).
discussed Cited as authority (rule) Giuseppe Spina v. Department of Homeland Security
2d Cir. · 2006 · confidence medium
Indeed, we have specifically observed that “[t]he immigration laws contain no provision ... indicating] that they are to be interpreted in accordance with state law.” United States v. Campbell, 167 F.3d 94, 97 (2d Cir.1999) (holding that whether person has been convicted of an aggravated felony within the language of 8 U.S.C. § 1326 (b)(2) “is necessarily ... a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the State” (internal quotation marks omitted)).
discussed Cited as authority (rule) Rumierz v. Gonzales (2×)
1st Cir. · 2006 · confidence medium
As this court held in Herrera-Inirio, 208 F.3d 299 : 46 The emphasis that Congress placed on the original admission of guilt plainly indicates that a subsequent dismissal of charges, based solely on rehabilitative goals and not on the merits of the charge or on a defect in the underlying criminal proceedings, does not vitiate that original admission. 47 Id. at 306 ; see also Renteria-Gonzalez v. INS, 322 F.3d 804, 812 (5th Cir.2002); United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999); Beltran-Leon v. INS, 134 F.3d 1379 , 1380-81 (9th Cir.1998).
discussed Cited as authority (rule) Pinho v. Atty Gen USA
3rd Cir. · 2005 · confidence medium
See Herrera-Inirio v. I.N.S., 208 F.3d 299, 305 (1st Cir.2000); United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999); Sandoval v. I.N.S., 240 F.3d 577, 583-84 (7th Cir.2001); Renteria-Gonzalez v. I.N.S., 322 F.3d 804 , 817-22 (5th Cir.2002).
discussed Cited as authority (rule) MARROQUIN
BIA · 2005 · confidence medium
See Renteria-Gonzalez v. INS, 322 F.3d 804, 812-14 (5th Cir. 2002) (applying plain meaning of new IIRIRA definition to find that vacated federal conviction for trafficking in aliens remained conviction for purposes of INA); United States v. Campbell, 167 F.3d 94, 98 (2d Cir. 1999) (applying the plain language of new definition to find that vacated conviction for possession of 8 My conclusion is, as was demonstrated in the Board’s decision in Roldan, 22 I&N Dec. at 514-19 , consistent with a proper reading of the legislative history underlying the enactment of 8 U.S.C. § 1101 (a)(48)(A).
cited Cited as authority (rule) Cruz-Garza v. Ashcroft
10th Cir. · 2005 · confidence medium
United States v. Campbell, 167 F.3d 94, 97-98 (2d Cir.1999).
discussed Cited as authority (rule) Ferenc Csekinek v. Immigration and Naturalization Service
6th Cir. · 2004 · confidence medium
Courts have determined that “[tjhe immigration laws contain no ... indication that they are to be interpreted in accordance with state law.” United States v. Campbell, 167 F.3d 94, 97 (2d Cir.1999); Moosa, 171 F.3d at 1006 . ■ Csekinek’s construction — which urges us to plainly read the definition of “conviction” as set forth in the INA, 8 U.S.C. § 1101 (a)(48)(A), is the stronger argument.
discussed Cited as authority (rule) Csekinek v. INS
6th Cir. · 2004 · confidence medium
Courts have determined that “[t]he immigration laws contain no . . . indication that they are to be interpreted in accordance with state law.” United States v. Campbell, 167 F.3d 94, 97 (2d Cir. 1999); Moosa, 171 F.3d at 1006 .
cited Cited as authority (rule) United States v. Florentino
1st Cir. · 2004 · confidence medium
U.S.S.G. § 4A1.2 application note 6; see, e.g., United States v. Martin, 378 F.3d 353, 358 (4th Cir.2004); United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999).
discussed Cited as authority (rule) United States v. Florentino
1st Cir. · 2004 · confidence medium
U.S.S.G. § 4A1.2 application note 6; see, e.g., United States v. Martin, 378 F.3d 353, 358 (4th Cir.2004); United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999). 15 Nor was Florentino's conviction ever "expunged" — a term ordinarily reserved for instances in which the conviction is treated in all respects as if it had never occurred. 4 This is not true of a conviction held partly in abeyance and subject to being reinstituted.
discussed Cited as authority (rule) Fidencio Resendiz-Alcaraz v. U.S. Attorney General
11th Cir. · 2004 · confidence medium
See Acosta v. Ashcroft, 341 F.3d 218, 222 (3d Cir.2003) (stating, in case where petitioner successfully completed a one year probation sentence for a heroin possession charge in state court that would have made him eligible for FFOA relief had he been prosecuted by the federal government, that “[t]his language unambiguously points to the conclusion that the disposition of Acosta’s criminal case in [state court pursuant to a state law permitting dismissal of charge after completion of probation without verdict] constitutes a ‘conviction’ ”); Gill v. Ashcroft, 335 F.3d 574, 577 (7th Ci…
discussed Cited as authority (rule) Discipio v. Ashcroft
5th Cir. · 2004 · signal: cf. · confidence medium
See Murillo-Espinoza v. INS, 261 F.3d 771, 773-74 (9th Cir.2001); Herrera-Inirio v. INS, 208 F.3d 299, 305-06 (1st Cir.2000); Moosa v. INS, 171 F.3d 994, 1005-06, 1009 (5th Cir.1999); cf. United States v. Campbell, 167 F.3d 94, 96-98 (2d Cir.1999) (holding conviction vacated for rehabilitative purposes valid for purposes of sentencing guidelines). 5 Far from being consistent with precedent, the majority's overly broad formulation of "conviction" ran counter to two other circuits' understanding of the term.
discussed Cited as authority (rule) Discipio v. Ashcroft
5th Cir. · 2004 · signal: cf. · confidence medium
See Murillo-Espinoza v. INS, 261 F.3d 771, 773-74 (9th Cir.2001); Herrera-Inirio v. INS, 208 F.3d 299, 305-06 (1st Cir.2000); Moosa v. INS, 171 F.3d 994, 1005-06, 1009 (5th Cir.1999); cf. United States v. Campbell, 167 F.3d 94, 96-98 (2d Cir.1999) (holding conviction vacated for rehabilitative purposes valid for purposes of sentencing guidelines). 5 Far from being consistent with precedent, the majority’s overly broad formulation of “conviction” ran counter to two other circuits’ understanding of the term.
discussed Cited as authority (rule) Ramon Acosta v. John Ashcroft, Attorney General of the United States
3rd Cir. · 2003 · confidence medium
See, e.g., United States v. Anderson, 328 F.3d 1326, 1328 (11th Cir.2003) (adopting the plain meaning of Section 101(a)(48) in interpreting the meaning of a “conviction” in U.S.S.G. § 2L1.2(b)(l)); Renteria-Gonzalez v. INS, 322 F.3d 804, 812 (5th Cir. 2002) (applying the plain meaning of Section 101(a)(48)(A) in holding that a vacated federal conviction for trafficking in aliens remains a conviction for purposes of the INA); United States v. Zamudio, 314 F.3d 517, 521-22 (10th Cir.2002) (adopting the plain meaning of Section 101(a)(48)(A) when interpreting U.S.S.G. § 2L1.2(b)(l)); Vasque…
discussed Cited as authority (rule) Acosta v. Atty Gen USA
3rd Cir. · 2003 · confidence medium
Because this part was omitted from Section 101(a)(48)(A), we infer a congressional intent not to incorporate such a distinction into the INA, but we do not infer that the elimination of such a distinction was the sole purpose of passing the revised definition of conviction in Section 101(a)(48)(A). 13 e.g., United States v. Anderson, 328 F.3d 1326, 3128 (11th Cir. 2003) (adopting the plain meaning of Section 101(a)(48) in interpreting the meaning of a “conviction” in U.S.S.G. § 2L1.2(b)(1)); Renteria-Gonzalez v. INS, 322 F.3d 804, 812 (5th Cir. 2002) (applying the plain meaning of Section…
discussed Cited as authority (rule) PICKERING
BIA · 2003 · confidence medium
In reaching this conclusion, the court relied on United States v. Campbell, 167 F.3d 94, 98 (2d Cir. 1999), where the Second Circuit observed that “no provision [in the immigration laws] excepts from this definition a conviction that has been vacated” and found that a state order setting aside a conviction was invalid for immigration purposes where it “was not based on any showing of innocence or on any suggestion that the conviction had been improperly obtained.” In Zaitona v. INS, 9 F.3d 432, 436-37 (6th Cir. 1993), the Sixth Circuit, in whose jurisdiction this case arises, held that…
examined Cited as authority (rule) Renteria-Gonzalez v. INS (3×)
5th Cir. · 2003 · confidence medium
Moosa v. INS, 171 F.3d 994 , 1010 n. 9 (5th Cir.1999). 9 Moosa, 171 F.3d at 1008 ("Again, it is important to note that, prior to the enactment of IIRIRA § 322(a) [ 8 U.S.C. § 1101 (a)(48)(A)], there was no definition of `conviction' in the immigration laws."). 10 See United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999) ("[N]o provision excepts from this definition a conviction that has been vacated."). 11 See, e.g., Herrera-Inirio, 208 F.3d at 304-06 (First Circuit) (state delayed adjudication of guilt); Campbell, 167 F.3d at 96-98 (Second Circuit) (federal sentencing case); Nwandu v. Cr…
discussed Cited as authority (rule) United States v. Neville Carl Simpson, A/K/A \Evon Dixon\""
2d Cir. · 2003 · confidence medium
United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999) (holding that the rule of lenity only applies when the Guideline is ambiguous, and finding an earlier version of U.S.S.G. § 2L1.2 was not ambiguous in mandating that a vacated state-court conviction be considered a “conviction” for the purposes of U.S.S.G. § 2L1.2); United States v. Collado, 106 F.3d 1097, 1101 (2d Cir.1997) (“The rule of lenity requires the sentencing court to impose the lesser of two penalties where there is an actual ambiguity over which penalty should apply.” (internal quotation marks and citation omitted))…
examined Cited as authority (rule) Renteria-Gonzalez v. Immigration & Naturalization Service (3×) also: Cited "see"
5th Cir. · 2002 · confidence medium
See, e.g., Herrera-Inirio, 208 F.3d at 304-06 (First Circuit) (state delayed adjudication of guilt); Campbell, 167 F.3d at 96-98 (Second Circuit) (federal sentencing case); Nwan-duv.
cited Cited as authority (rule) United States v. Martinez
4th Cir. · 2001 · confidence medium
United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999).
discussed Cited as authority (rule) Juan Manuel Murillo-Espinoza v. Immigration and Naturalization Service John Ashcroft, Attorney General (2×)
9th Cir. · 2001 · confidence medium
United States v. Campbell, 167 F.3d 94, 98 (2d Cir. 1999). 25 Thus the majority reaches the right result for the wrong reason, and in doing so, inverts the proper order of analysis.
cited Cited as authority (rule) United States v. Nelson Luna-Reynoso, AKA Nelson Meraldo Luna Reynoso, AKA Nelson Luna, AKA Nelson Arroyo, AKA Juan Lopez, AKA Armando Montalvo
2d Cir. · 2001 · confidence medium
See id. § 1326(b); see generally Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998); United States v. Campbell, 167 F.3d 94, 96 (2d Cir.1999).
discussed Cited as authority (rule) United States v. Saldana-Duarte
10th Cir. · 2000 · confidence medium
See United States v. Ibarra-Galindo , __ F.3d __, 2000 WL 306357, at *1 (9th Cir. Mar. 27, 2000) (affirming a § 1326 defendant’s sentence and looking first to U.S.S.G. § 2L1.2 for the definition of “aggravated felony” and then to IIRIRA per Application Note 1 appended to § 2L1.2); United States v. Campbell , 167 F.3d 94, 98 (2d Cir. 1999) (noting 1 Because we find that defendant’s guilty plea constitutes a formal judgment of guilt under § 1101(a)(48)(A), we do not decide whether defendant’s plea also falls within the meaning of § 1101(a)(48)(A)’s second definition of convictio…
discussed Cited as authority (rule) Lopez-Elias v. Reno
5th Cir. · 2000 · signal: cf. · confidence medium
How Texas characterizes the offense does not control federal immigration law, however, for federal law looks only to the term of imprisonment, and not state law, to ascertain whether the offense is a "felony.” See § 1101(a)(43)(G); cf. Moosa v. INS, 171 F.3d 994, 1006 (5th Cir.1999) (stating that "[t]he immigration laws contain no ... indication that they are to be interpreted in accordance with state law”) (iquoting United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999)). 7 .
discussed Cited "see" Droegemeier v. Whitaker
D. Mont. · 2019 · signal: see · confidence high
See Prado, 923 F.3d at 1206 (“[W]hether one has been ‘convicted’ within the language of [federal] statutes is necessarily . . . a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the laws of the state.” (quoting United States v. Campbell, 167 F.3d 94, 97 (2d Cir. 1999))).
cited Cited "see" Christopher Pickering v. Alberto Gonzales, Attorney General
6th Cir. · 2006 · signal: see · confidence high
See Murillo-Espinoza v. INS, 261 F.3d 771 (9th Cir.2001); see *528 also United States v. Campbell, 167 F.3d 94 (2nd Cir.1999). 3 .
discussed Cited "see" United States v. Patrick Savin
2d Cir. · 2003 · signal: see · confidence high
See United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999) (‘We conclude that, there being no pertinent provision in either the immigration statute or the Guidelines to suggest the applicability of state law, the question of whether a vacated conviction remains a conviction for purposes of § 1326(b) and Guidelines § 2L1.2 is ... a question of federal law.”); *35 see also United States v. Brown, 314 F.3d 1216, 1223 (10th Cir.), cert. denied, — U.S. -, 123 S.Ct. 1338 , 154 L.Ed.2d 1083 (2003); United States v. Duty, 302 F.3d 1240, 1241 (11th Cir.2002) (per cu-riam); United States v. Jo…
cited Cited "see" Pequeno-Martinez v. Trominski
S.D. Tex. · 2003 · signal: see · confidence high
See Moosa, 171 F.3d at 1006 (citing United States v. Campbell, 167 F.3d 94, 97 (2d Cir.1999)).
cited Cited "see" United States v. Luna-Diaz
1st Cir. · 2000 · signal: see · confidence high
See United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999). 3 .
cited Cited "see" Herrera-Inirio v. Immigration & Naturalization Service
1st Cir. · 2000 · signal: see · confidence high
See United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999); In re Roldan-Santoyo, Int.
discussed Cited "see, e.g." Veiro v. Mukasey
2d Cir. · 2008 · signal: see also · confidence medium
In Saleh v. Gonzales, we held that “[wjhen a conviction is amended nunc pro tunc solely to enable a defendant to avoid immigration consequences, in contrast to an amendment or vacatur on the merits, there is no reason to conclude that the alien is any less suitable for removal.” 495 F.3d 17, 25 (2d Cir.2007); see also United States v. Campbell, 167 F.3d 94, 97 (2d Cir.1999).
cited Cited "see, e.g." Christopher Pickering v. Alberto Gonzales, Attorney General
6th Cir. · 2006 · signal: see also · confidence low
See Murillo-Espinoza v. INS, 261 F.3d 771 (9th Cir.2001); see also United States v. Campbell, 167 F.3d 94 (2nd Cir.1999). 3 .
cited Cited "see, e.g." Pickering v. Gonzales
6th Cir. · 2006 · signal: see also · confidence low
See Murillo-Espinoza v. INS, 261 F.3d 771 (9th Cir. 2001); see also United States v. Campbell, 167 F.3d 94 (2nd Cir. 1999).
cited Cited "see, e.g." Pickering v. Gonzales
6th Cir. · 2006 · signal: see also · confidence low
See Murillo-Espinoza v. INS, 261 F.3d 771 (9th Cir. 2001); see also United States v. Campbell, 167 F.3d 94 (2nd Cir. 1999).
discussed Cited "see, e.g." United States v. John Allen Jackson
6th Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., United States v. Campbell, 167 F.3d 94, 98 (2d Cir.1999) [question of whether a “vacated conviction”, remains a conviction for purposes of the Guidelines is a question of federal law]; United States v. Brown, 314 F.3d 1216 (10th.
discussed Cited "see, e.g." United States v. Jackson
6th Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., United States v. Campbell, 167 F.3d 94, 98 (2d Cir. 1999) [question of whether a “vacated conviction” remains a conviction for purposes of the Guidelines is a question of federal law]; United States v. Brown, 314 F.3d 1216 (10th Cir.), cert. denied 537 U.S. 1223 (2003) [federal law must apply to determine if jail escape is a “continuing” offense]; and, United States v. Reed, 94 F.3d 341, 344 (7th Cir. 1996) [meaning of “revocation of probation” must be determined under federal law].
discussed Cited "see, e.g." Wazirali Moosa, Also Known as Wazir Ali Haider Ali Moosa Zebunisa Wazirali Moosa v. Immigration and Naturalization Service
5th Cir. · 1999 · signal: see also · confidence low
NLRB v. Natural Gas Utility Dist., 402 U.S. 600, 603 , 91 S.Ct. 1746 , 29 L.Ed.2d 206 (1971) (quoting NLRB v. Randolph Electric Membership Corp. 343 F.2d 60 (4th Cir.1965)); see also Campbell, 167 F.3d at 98 (citing 8 U.S.C. § 1101 (a)(48) and noting that “[n]o pertinent provision in Title 8 gives controlling effect to state law”).
UNITED STATES of America, Appellee,
v.
Vincent Lloyd CAMPBELL, AKA Elijah Wilson, Defendant-Appellant
Docket 98-1309.
Court of Appeals for the Second Circuit.
Jan 29, 1999.
167 F.3d 94
William C. Silverman, Assistant United States Attorney, New York, New York (Mary Jo White, United States Attorney for the Southern District of New York, Kerry A. Lawrence, Assistant United States Attorney, New York, New York, on the brief), for Appellee., Clinton W. Calhoun Iii, Briceetti & Calhoun, New York, New York, for Defendant-Appellant.
Kearse, Straub, Sotomayor.
Cited by 61 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Fifth Circuit (1)
KEARSE, Circuit Judge:

Defendant Vincent Lloyd Campbell appeals from a judgment of the United States District Court for the Southern District of New York, Barbara S. Jones, Judge, convicting him, following his plea of guilty, of illegal postdeportation reentry into the United States, in violation of 8 U.S.C. § 1326 (1994), and sentencing him principally to 41 months’ imprisonment, to be followed by a two-year term of supervised release. On appeal, Campbell contends principally that, in calculating his sentence, the district court erred in increasing his offense level by 16 steps pursuant to § 2L1.2(b)(2) of the Sentencing Guidelines (1995) (“Guidelines”) (renumbered § 2L1.2(b)(l)(A) in the 1997 version of the Guidelines). That subsection pertains to defendants convicted of an “aggravated felony” prior to deportation; Campbell contends principally that the subsection was misapplied to him because the state-court aggravated-felony conviction on which his enhancement was based had been vacated. Finding no merit in any of Campbell’s contentions on appeal, we affirm.

BACKGROUND

There is no dispute as to the pertinent facts. Campbell, a citizen of Jamaica, entered the United States lawfully on a visitor’s visa in 1977 but overstayed his visa. In 1987 he was convicted in New York State court of criminal possession of cocaine, as a result of which the Immigration and Naturalization Service (“INS”) initiated deportation proceedings against him. Campbell was deported on October 24,1989.

While the deportation proceedings were pending, Campbell was convicted of numerous offenses in New York and Texas. Of[*96] particular significance here, Campbell was convicted in a Texas state court on October 4, 1989, following his plea of guilty, of the felony of possession of a controlled substance (“1989 Texas conviction”). The Texas court sentenced him to seven years’ imprisonment, suspended the prison sentence, and imposed a five-year period of probation. In October 1994, the five-year period having ended, the Texas court set aside Campbell’s conviction on the ground “that the period of probation ... ha[d] expired, and that all conditions of probation ha[d] been satisfactorily fulfilled.” (Order Setting Aside Judgment of Conviction dated October 3,1994 (“1994 Texas Order”).) That order stated that Campbell was thereby “released from all penalties and disabilities resulting from” the conviction. (Id.)

In the meantime, in 1991 or 1992, Campbell had reentered the United States without receiving the permission of the Attorney General to do so. He was subsequently arrested on state-law charges and was incarcerated at the Ulster County Correctional Facility in New York. In October 1994, during a routine INS screening of inmates at that facility, the INS discovered that Campbell had reentered the country. Accordingly, after his release from state custody in 1996, Campbell was arrested by INS agents and indicted on one count of violating 8 U.S.C. § 1326 by reentering, or attempting to reenter or being found in, the United States without the permission of the Attorney General “after having been ... deported from the United States subsequent to his conviction for the commission of an aggravated felony, to wit, unlawful possession of a controlled substance.” Campbell pleaded guilty.

Under Guidelines § 2L1.2(a), the base offense level for Campbell’s offense was 8. The government sought a 16-step increase pursuant to § 2L1.2(b)(2), however, which applied to a defendant convicted of committing a § 1326 offense after being deported subsequent to his conviction of an aggravated felony. For purposes of this enhancement, an “aggravated felony” is defined to include illicit trafficking in narcotics. See id. § 2L1.2 Application Note 7. Campbell objected to the use of his 1989 Texas conviction as the basis for this enhancement, arguing principally that the conviction had been vacated.

The district judge rejected his objection. She reasoned that the meaning of the term “conviction” is a matter of federal law and that the 1989 Texas conviction had been set aside solely because of Campbell’s completion of the probation sentence, not because of any legal insufficiency in the conviction. The court saw no indication, either in the Guidelines or in the statutory provisions for enhanced penalties, see 8 U.S.C. § 1326(b), of any intention to foreclose consideration of a prior conviction that “was vacated solely because the defendant completed his probation.” (Sentencing Transcript, May 20, 1998, at 6.) Concluding that the 16-step enhancement was proper, the court sentenced Campbell as indicated above.

Judgment was entered, and this appeal followed.

DISCUSSION

On appeal, Campbell principally pursues his contention that his vacated 1989 Texas conviction could not provide the predicate for the 16-step enhancement provided in Guidelines § 2L1.2(b)(2). He also contends that the rule of lenity should prevent application of the enhancement to him. We reject both contentions.

Section 1326(a) of Title 8 makes it unlawful for a person who has been deported from the United States to reenter the United States without permission of the Attorney General of the United States. The severity of the penalties for violating that section varies according to the defendant’s criminal record. A defendant who violates § 1326(a) after having been deported subsequent to his conviction of an aggravated felony is subject to imprisonment for up to 20 years. See 8 U.S.C. § 1326(b)(2). Compare id. with 8 U.S.C. § 1326(a) (up to 2 years for a defendant with no prior record) and id. § 1326(b)(1) (up to 10 years for a defendant with one prior felony but not an aggravated felony). Accordingly, the Guidelines provide that a § 1326 defendant’s offense level is to be increased by 16 steps if the defendant was deported after a conviction for an aggravated[*97] felony. See Guidelines § 2L1.2(b)(2). The question raised by this appeal is whether a conviction in state court that was later vacated by that court constitutes a “conviction” within the meaning of these federal provisions.

In general, it is presumed that “when Congress enacts a statute!,] ... it does not intend to make its application dependent on state law.” Dickerson v. New Banner Institute, Inc., 460 U.S. 103, 119, 103 S.Ct. 986, 74 L.Ed.2d 845 (1983) (internal quotation marks omitted). Thus, the matter of “[w]hether one has been ‘convicted’ within the language of [federal] statutes is necessarily ... a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the State.” Id. at 111-12, 103 S.Ct. 986.

In Dickerson, the Supreme Court considered the meaning of 18 U.S.C. § 922(g) and (h), which prohibit the shipment, transport, or receipt of firearms or ammunition in interstate commerce by a person “ ‘who has been convicted in any court of[ ] a crime punishable by imprisonment for a term exceeding one year.’” 460 U.S. at 105, 103 S.Ct. 986 (quoting statute). An officer of the respondent in the Dickerson case had pleaded guilty in an Iowa state court to carrying a concealed handgun, an offense punishable by imprisonment for up to five years. Pursuant to a state statutory scheme, the Iowa court had “deferred” entry of a formal judgment and placed him on probation; following the completion of his probationary term he was discharged, and his record with respect to the deferred judgment was then expunged. The United States Supreme Court held that the expunction did not nullify the respondent’s conviction for purposes of §§ 922(g) and (h), given that a state-law expunction, as contrasted with a reversal or vacatur on direct appeal, “does not alter the historical fact of the conviction.” Dickerson, 460 U.S. at 115, 103 S.Ct. 986. The Court explained that

expunction does not alter the legality of the previous conviction and does not signify that the defendant was innocent of the crime to which he pleaded guilty. Expunction in Iowa means no more than that the State has provided a means for the trial court not to accord a conviction certain continuing effects under state law.

Id. The Court concluded that the expunged Iowa conviction remained a conviction for purposes of the federal firearms statute.

It is, of course, open to Congress to make state-law definitions applicable to federal statutes, and in the wake of Dickerson, Congress added language to 18 U.S.C. § 921(a)(20), expressly giving controlling effect to state-law characterizations of what constitutes a “conviction” for purposes of the firearms statute, see Firearms Owners’ Protection Act, Pub.L. No. 99-308, § 101(5), 100 Stat. 449, 450 (1986). See, e.g., McGrath v. United States, 60 F.3d 1005, 1009 (2d Cir.1995) (“[s]ection 921(a)(20) was expressly crafted to overrule Dickerson’s, federalization of a [state] felon’s status”), cert. denied, 516 U.S. 1121, 116 S.Ct. 929, 133 L.Ed.2d 857 (1996). The added language states that, as used in the firearms chapter, “[w]hat constitutes a conviction ... shall be determined in accordance with the law of the jurisdiction in which the proceedings were held,” 18 U.S.C. § 921(a)(20) (1994); and it provides that unless a state order granting relief from the conviction imposes restraints on the defendant’s firearm possession, transport, receipt, etc., the term conviction does not include “[a]ny conviction which has been expunged! ] or set aside,” id. The Dickerson opinion “still stands,” however, “for the general proposition that federal law governs the application of Congressional statutes in the absence of ... plain language to the contrary.” Yanez-Popp v. INS, 998 F.2d 231, 236 (4th Cir.1993); see also United States v. Cuevas, 75 F.3d 778, 782 (1st Cir.1996); United States v. McAllister, 29 F.3d 1180, 1184-85 (7th Cir.1994).

The immigration laws contain no provision similar to 18 U.S.C. § 921(a)(20), nor any other indication that they are to be interpreted in accordance with state law. See, e.g., United States v. Cuevas, 75 F.3d at 782 (“Congress has not made the same choice with respect to the immigration laws”); Wilson v. INS, 43 F.3d 211, 213-16 (5th Cir.) (per curiam), cert. denied, 516 U.S. 811, 116 S.Ct. 59, 133 L.Ed.2d 23 (1995); Yanez-Popp v. INS, 998 F.2d at 234-36. The immigration[*98] statute defines “conviction,” with respect to an alien, as either (1) a “formal judgment of guilt,” or (2) a “judge[’s] order[ that] some form of punishment, penalty, or restraint on the alien’s liberty ... be imposed” following (a) a finding of guilt by “a judge or jury,” or (b) the alien’s “plea of guilty or nolo conten-dere,” or (c) the alien’s “admi[ssion of] sufficient facts to warrant a finding of guilt.” 8 U.S.C. § 1101(a)(48)(A) (Supp. II 1996). No pertinent provision in Title 8 gives controlling effect to state law. And no provision excepts from this definition a conviction that has been vacated.

Nor does any Guidelines provision exclude from § 2L1.2 the consideration of a conviction that was vacated or set aside solely because the defendant completed service of his sentence. Insofar as a § 1326 defendant’s offense level is concerned, the term “conviction” is not defined in the Guidelines, either in the generally applicable definitions, see Guidelines § 1B1.1 Application Note 1, or in § 2L1.2. We have observed, however, that “definitions found in § 4A1.2,” governing determination of a defendant’s criminal history category, “have often been borrowed to interpret terms in § 2L1.2,” United States v. Galicia-Delgado, 130 F.3d 518, 521 (2d Cir.1997); accord United States v. Cuevas, 75 F.3d at 782 n. 10, and we note that § 4A1.2 reveals that convictions vacated for reasons unrelated to guilt or flaws in the proceedings leading to the determination of guilt are not to be disregarded. Thus, that section defines “ ‘[c]onvicted of an offense,’ ” to mean simply “that the guilt of the defendant has been established, whether by guilty plea, trial, or plea of nolo contendere.” Guidelines § 4A1.2(a)(4). And the commentary states that a sentence resulting from a conviction that has been reversed because of errors of law or subsequently discovered evidence exonerating the defendant is not to be counted, see id. § 4A1.2 Application Note 6; but sentences resulting from unexpunged convictions that have been “set aside ... for reasons unrelated to innocence or errors of law .... are to be counted,” id. Application Note 10.

We conclude that, there being no pertinent provision in either the immigration statute or the Guidelines to suggest the applicability of state law, the question of whether a vacated conviction remains a conviction for purposes of § 1326(b) and Guidelines § 2L1.2 is, in accordance with the principle enunciated in Dickerson, a question of federal law. As the First Circuit observed in United States v. Cuevas, the circuit courts have consistently interpreted “conviction”

according to uniform federal standards for purposes of the laws governing immigration offenses. If Congress had disapproved of these cases, it surely could have amended the immigration laws in the same fashion it did the firearms statute. That Congress has chosen not to do so reinforces our conclusion that “conviction” in the context of the laws governing immigration offenses, including federal sentencing for those offenses, remains a matter of federal definition.

75 F.3d at 782 (applying Dickerson principle in determining that, as a matter of federal law, “conviction” in Guidelines § 2L1.2 includes state-court order of probation imposed after plea of nolo contendere).

In the present case, Campbell’s 1989 Texas conviction was set aside solely because the period of Campbell’s probation had “expired” and because (so far as the Texas court was aware) “all conditions of [Campbell’s sentence] ha[d] been satisfactorily fulfilled.” (1994 Texas Order.) His conviction was not reversed, and the vacatur order was not based on any showing of innocence or on any suggestion that the conviction had been improperly obtained. The 1994 Texas Order thus did not alter the significance, for purposes of immigration offenses, of Campbell’s conviction of the aggravated felony to which he had pleaded guilty. Under the Dickerson principle, we see no basis for excluding the Texas conviction in the calculation of Campbell’s federal sentence.

Nor do we find applicable the rule of lenity. That rule comes into operation only if there is a statutory ambiguity. See, e.g., Lewis v. United States, 445 U.S. 55, 65, 100 S.Ct. 915, 63 L.Ed.2d 198 (1980). We see no such ambiguity here.

[*99] CONCLUSION

We have considered all of Campbell’s contentions on this appeal and have found them to be without merit. The judgment of the district court is affirmed.