United States v. Hector Benavidez
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Reversed
The Eighth Circuit held that a prior conviction for robbery under Texas Penal Code § 29.02 does not constitute a “crime of violence” under USSG § 4B1.2. Because the district court classified the conviction as a crime of violence and enhanced Hector Benavidez’s sentence, the appellate court reversed and remanded for resentencing.
Circuit Split Identified
Legal Issue
Whether robbery under Texas Penal Code § 29.02 qualifies as a “crime of violence” under USSG § 4B1.2(a).
Circuit Positions
Texas robbery under § 29.02 is a crime of violence under USSG § 4B1.2.
Texas robbery under § 29.02 is NOT a crime of violence under USSG § 4B1.2.
Conflict Summary
The Fifth Circuit has concluded that Texas robbery categorically matches the Guidelines’ definition of robbery and therefore is a crime of violence, while the Eighth Circuit finds Texas robbery broader—because it may be committed recklessly and encompasses injuries merely ‘in the course of’ a theft—and thus not a crime of violence.