United States v Madrid

Madrid appealed his sentence arguing one of the prior convictions relied upon to designate him a career criminal was not a crime of violence. The panel agreed, vacated his sentence and remanded. It held that the prior Texas statutory rape conviction did not contain an element involving the use of violence, can be committed without violence or coercion and the catchall guideline residual provision is identical to the statutory residual clause which was held unconstitutionally vague by the Supreme Court and under plain error review applying the residual clause here would be error as the enhanced sentence is significantly higher than the guideline range for Madrid and a lower sentence is reasonably probable. Thus, the Texas conviction does not qualify as a crime of violence and Madrid is entitled to resentencing without the unconstitutional guideline.  

Grynberg v Kinder Morgan Energy Partners, L.P.

Grynberg petition for vacation of arbitration aware against her alleging diversity jurisdiction. The district court dismissed for lack of jurisdiction ruling some of Kinder’s owners were Colorado residents like Grynberg. The panel affirmed. It held that Kinder, a Delaware master limited partnership, was not a corporation and thus owner’s citizenship must be used to evaluate diversity, that master limited partnerships are not like the entities created under Puerto Rico law which the United states supreme Court has treated like a corporation for citizenship purposes and the ply arguments made by Grynberg are better directed at Congress