United States v. Cruz-Rodriguez, 625 F.3d 274 (5th Cir. 2010). · Go Syfert
United States v. Cruz-Rodriguez, 625 F.3d 274 (5th Cir. 2010). Cases Citing This Book View Copy Cite
32 citation events (32 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Shaun Chapman (ca3, 2017-08-04) · Strongest negative: United States v. Roof (scd, 2017-05-10)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 18 distinct citers.
discussed Cited "but see" United States v. Roof (2×) also: Cited as authority (rule)
D.S.C. · 2017 · signal: but see · confidence high
The Fifth' Circuit, however, emphasized its agreement that the intentional causation of injury does not entail the- use of force in United States v. Villegas-Hernandez 468 F.3d 874, 881 (5th Cir. 2006); but see United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir. 2010) (later Fifth Circuit decision quoting United States v. Gutierrez, 371 Fed.Appx. 550, 551 (5th Cir. 2010), to hold that a California statute making it a crime to “willfully infliet[ ] upon a person ... corporal injury resulting in a traumatic condition” is a crime of violence because the statute “penalizes the inten…
discussed Cited as authority (rule) United States v. Shaun Chapman (2×)
3rd Cir. · 2017 · confidence medium
Appellant’s Br. at 12—13 (citing United States v. Torres-Miguel, 701 F.3d 165, 168 (4th Cir. 2012); United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir. 2010); United States v. Perez-Vargas, 414 F.3d 1282, 1287 (10th Cir. 2005)).
discussed Cited as authority (rule) United States v. Juan Castillo-Rivera (2×)
5th Cir. · 2016 · confidence medium
See United States v. Ortiz-Gomez, 562 F.3d 683, 685-87 (5th Cir. 2009) (holding that a Pennsylvania “terroristic- threats” offense was not a “crime of violence” based on the language of the statute); United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir. 2010) (holding similarly with respect to a California offense without relying on any state decision on point).
cited Cited as authority (rule) United States v. Moreno-Aguilar
D. Maryland · 2016 · confidence medium
Id. at 168-69 (citing United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir.2010) (adopting the reasoning of United States v. De La Rosa-Hernandez, 264 Fed.Appx. 446, 447-49 (5th Cir.2008))).
cited Cited as authority (rule) Javier Arellano Hernandez v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
See United States v. Torres-Miguel, 701 F.3d 165, 168-69 (4th Cir. 2012); United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir. 2010).
discussed Cited as authority (rule) United States v. Clinton Waters
7th Cir. · 2016 · confidence medium
See United States v. Torres-Miguel, 701 F.3d 165, 168-69 (4th Cir. 2012); United States v. Cruz-Rodriguez, 625 F.3d 274, 276-77 (5th Cir. 2010); United States v. Perez-Vargas, 414 F.3d 1282, 1287 (10th Cir. 2005); Chrzanoski v. Ashcroft, 327 F.3d 188, 195-97 (2d Cir. 2003).
examined Cited as authority (rule) United States v. Jose Iraheta (3×) also: Cited "see"
5th Cir. · 2016 · confidence medium
He acknowledges that we have held that an offense under § 273.5(a) categorically qualifies as a COV under § 2L1.2 in United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir.2010), and United States v. Gutierrez, 371 Fed.Appx. 550, 551 (5th Cir. 2010), but he argues that these cases were overruled by Descamps v. United States, — U.S. -, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013), and that we ignored a conflicting Ninth Circuit case, Morales-Garcia v. Holder, 567 F.3d 1058, 1063 (9th Cir.2009).
discussed Cited as authority (rule) United States v. McDaniels
E.D. Va. · 2015 · confidence medium
As an example, the Fourth Circuit noted that a defendant could violate the California statute “by poisoning another, which involves no use or threatened use of force.” Id. (citing United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir.2010)).
discussed Cited as authority (rule) United States v. Alfonso Rodriguez-Rodriguez
5th Cir. · 2015 · confidence medium
In United States v. Cruz-Rodriguez, 625 F.3d 274, 275-77 (5th Cir.2010) (per curiam), this Court addressed a California criminal-threat statute that, like the Texas stalking statute, prohibits a person from “willfully threatening] to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement ... be taken as a threat ... and thereby cause[ ] that person reasonably to be in sustained fear for his or her own safety,” Cal.Penal Code *712 § 422.
discussed Cited as authority (rule) United States v. Angel Guzman-Matias
5th Cir. · 2014 · confidence medium
United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir.2010) (per curiam) (citing with approval United States v. Gutierrez, 371 Fed.Appx. 550, 551 (5th Cir.2010)); see § 2L1.2, cmt. n. l(B)(iii).
discussed Cited as authority (rule) United States v. Michael Musacchio (2×)
5th Cir. · 2014 · confidence medium
“A plain error is a forfeited error that is clear or obvious and affects the defendant’s substantial rights.” United States v. Cruz- Rodriguez, 625 F.3d 274, 276 (5th Cir. 2010) (per curiam). “[A] general unanimity instruction is ordinarily sufficient,” United States v. Mason, 736 F.3d 682, 684 (5th Cir. 2013) (per curiam), but a specific una- nimity instruction is sometimes necessary “where there exists a ‘genuine risk that the jury is confused or that a conviction may occur as the result of different jurors concluding that a defendant committed different acts,’” United Stat…
cited Cited as authority (rule) United States v. Diaz
5th Cir. · 2011 · confidence medium
“A plain error is a forfeited error that is clear or obvious and affects the defendant’s substantial rights.” United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir.2010) (citation omitted).
cited Cited "see" United States v. Stevens
5th Cir. · 2022 · signal: see · confidence high
See United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir. 2010); see also United States v. Moore, 635 F.3d 774, 776 (5th Cir. 2011).
cited Cited "see" United States v. Leopoldo Cardenas-Bucio
5th Cir. · 2015 · signal: see · confidence high
See United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir.2010).
discussed Cited "see" United States v. Jesus Torres-Miguel (2×) also: Cited "see, e.g."
4th Cir. · 2012 · signal: see · confidence high
See Cruz-Rodriguez, 625 F.3d at 276 (adopting the reasoning of United States v. De La Rosa-Hernandez, 264 Fed.Appx. 446, 449 (5th Cir.2008)); see also United States v. Ortiz-Gomez, 562 F.3d 683, 687 (5th Cir.2009) (holding Pennsylvania terroristic threat conviction not a predicate crime of violence under the Guidelines because the statute “does not have as an element the use, attempted use, or threatened use of force”).
cited Cited "see" United States v. Joseph Bailey
5th Cir. · 2012 · signal: see · confidence high
See United States v. Cruz-Rodriguez, 625 F.3d 274, 277 (5th Cir. 2010) (per curiam).
discussed Cited "see, e.g." GUZMAN-POLANCO
unknown court · 2016 · signal: compare · confidence medium
Compare Whyte v. Lynch, 807 F.3d at 469 , United States v. Torres-Miguel, 701 F.3d 165 , 168–69 (4th Cir. 2012), and United States v. Cruz-Rodriguez, 625 F.3d 274, 276 (5th Cir. 2010), with United States v. Hill, No. 14-3872-cr, 2016 WL 4120667 , at *6–7 (2d Cir. Aug. 3, 2016), Arellano Hernandez v. Lynch, No. 11-72286, 2016 WL 4073313, at *3 (9th Cir. Aug. 1, 2016), United States v. Rice, 813 F.3d 704, 706 (8th Cir. 2016), and De Leon Castellanos v. Holder, 652 F.3d 762 , 765–67 (7th Cir. 2011).
discussed Cited "see, e.g." Whyte v. Lynch
1st Cir. · 2015 · signal: compare · confidence medium
Compare, e.g., United States v. Cruz-Rodriguez, 625 F.3d 274, 277 (5th Cir.2010) (per curiam) (conviction under California statute punishing the making of a criminal threat not a “crime of violence” under the Sentencing Guidelines); with United States v. Villavicencio-Burruel, 608 F.3d 556, 563 (9th Cir.2010) (exactly the opposite).
UNITED STATES of America, Plaintiff-Appellee,
v.
Moises CRUZ-RODRIGUEZ, Defendant-Appellant
09-40500.
Court of Appeals for the Fifth Circuit.
Nov 2, 2010.
625 F.3d 274
Lauretta Drake Bahry, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.
King, Benavides, Elrod.
Cited by 22 opinions  |  Published
Pinpoint authority: bottom 56%
PER CURIAM:

Moisés Cruz-Rodriguez appeals from his conviction for illegal reentry into the United States. He contends that the district court erred by increasing his offense level by 16 levels based on 1997 California convictions of making criminal threats, under California Penal Code § 422, and will[*276] ful infliction of corporal injury, under California Penal Code § 273.5. The district court determined that each offense is a “crime of violence” warranting the 16-level adjustment.

Cruz-Rodriguez argues that neither offense is a crime of violence under U.S.S.G. § 2L1.2(b)(l)(A)(ii). Because he raises his contention for the first time on appeal, our review is for plain error. See United States v. Lopez-Velasquez, 526 F.3d 804, 806 (5th Cir.2008). A plain error is a forfeited error that is clear or obvious and affects the defendant’s substantial rights. United States v. Ellis, 564 F.3d 370, 377 (5th Cir.), cert. denied, — U.S. -, 130 S.Ct. 371, 175 L.Ed.2d 124 (2009). When those elements are shown, this court has the discretion to correct the error only if it “seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Id. (internal quotation and citation omitted).

The term, crime of violence, is defined as “murder, manslaughter, kidnapping, aggravated assault, forcible sex offenses, statutory rape, sexual abuse of a minor, robbery, arson, extortion, extortionate extension of credit, burglary of a dwelling, or any offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another.” U.S.S.G. § 2L1.2 cmt. l(B)(iii). We agree with Cruz-Rodriguez that neither offense is specifically enumerated in the Sentencing Guidelines’ definition. Cruz-Rodriguez also argues, however, that the 16-level adjustment was error because neither offense “has as an element the use, attempted use, or threatened use of physical force against the person of another.” Id.

With respect to the willful infliction of corporal injury offense, we previously rejected this argument in an unpublished opinion, holding that California Penal Code § 237.5(a) “penalizes the intentional use of force that results in a traumatic condition.” United States v. Gutierrez, 371 Fed.Appx. 550, 551 (5th Cir.2010) (unpublished) (internal quotation marks and citation omitted). We find this reasoning persuasive. Moreover, our previous decision is consistent with the Ninth Circuit’s analysis of § 237.5(a). United States v. Laurico-Yeno, 590 F.3d 818, 820 (9th Cir.2010), cert. denied, - U.S. -, 131 S.Ct. 216, 2010 WL 2551985 (2010) (“Because the use of physical force against the person of another is an element of the statute, we hold that California Penal Code § 273.5 is a categorical crime of violence under U.S.S.G. § 2L1.2.”). Accordingly, we hold that the offense of willful infliction of corporal injury is a crime of violence for the purpose of sentence adjustments under U.S.S.G. § 2L1.2(b)(l)(A)(ii).

On the other hand, with respect to the offense of making a criminal threat, we previously held in an unpublished opinion that “the use, attempted use, or threatened use of physical force against the person of another” is not an element of California Penal Code § 2L1.2(b)(l)(A)(ii) “because it is possible under [California] law for the State to obtain a conviction under ... the terroristic threats statute without proof of the threatened use of physical force against another person .... ” United States v. De La Rosa-Hernandez, 264 Fed.Appx. 446, 447-49 (5th Cir.2008) (unpublished) (internal quotation marks and citations omitted) (alteration in original). We likewise find this reasoning persuasive. In addition, this court reached the same conclusion with respect to a similar Pennsylvania statute, holding that the generic terroristic-threat offense at issue in that case is not a crime of violence. United States v. Ortiz-Gomez, 562 F.3d 683, 684-86 (5th[*277] Cir.2009). Therefore, we hold that the offense of making a criminal threat is not a crime of violence for the purpose of sentencing adjustments under U.S.S.G. § 2L1.2(b)(l)(A)(ii).

Accordingly, the district court erred by relying on the criminal threat conviction in adjusting Cruz-Rodriguez’s sentence. Nevertheless, that error did not affect his substantial rights and, therefore, did not constitute reversible plain error. See United States v. Garza, 587 F.3d 304, 309, 313 (5th Cir.2009). The 16-level adjustment was appropriate solely on the basis of Cruz-Rodriguez’s conviction for willfully inflicting a corporal injury. See U.S.S.G. § 2L1.2(b)(l)(A)(ii).

AFFIRMED.