Categorical Approach Update

Posted by on March 10, 2017 in Blog

Beckles v. United States, __ S.Ct. __, 2017 WL 855781 (Mar. 6, 2017): The Supreme Court held that the Sentencing Guidelines in general—and the residual clause of the career-offender guideline in particular—are not subject to vagueness challenges under the Due Process Clause.

United States v. Jenkins, __ F.3d __, 2017 WL 727154 (7th Cir. Feb. 24, 2017): The Court held that kidnapping under 18 U.S.C. §1201(a) is not a crime of violence for purposes of 18 U.S.C. §924(c) because it does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another.

Chavez-Alvarez v. Attorney General, __ F.3d __, 2017 WL 929166 (3d Cir. Mar. 9, 2017): The Court held that when applying the categorical approach to a conviction under the Uniform Code of Military Justice, a court cannot consider sentence enhancements set forth in the Manual for Courts-Martial because that Manual does not establish the elements of the crime.  And because the Code itself does not distinguish between consensual and nonconsensual sodomy, a conviction for that offense is not a crime involving moral turpitude.

United States v. McArthur, __ F.3d __, 2017 WL 744032 (8th Cir. Feb. 23, 2017): The Court held that Minnesota’s third-degree burglary statute (Minn. Stat. Ann. §609.582(3)) is overbroad and indivisible, so it’s not a violent felony for ACCA purposes.

Flores-Molina v. Sessions, __ F.3d __, 2017 WL 894436 (10th Cir. Mar. 7, 2017): The Court held that a conviction for giving false information to a city official during an investigation (Denver Municipal Code §38-40) is not a crime involving moral turpitude.