Categorical Approach Update

Posted by on May 26, 2017 in Blog

United States v. Aguirra, __ Fed.Appx. __, 2017 WL 2258554, *3 (9th Cir. May 23, 2017): The Court concluded that Becerril-Lopez (holding that a conviction under California Penal Code §211 is categorically a crime of violence for purposes of U.S.S.G. §2L1.2) is not clearly irreconcilable with Mathis or Descamps, so it has not been effectively overruled.

United States v. Martinez-Rodriguez, __ F.3d __, 2017 WL 2080268 (5th Cir. May 12, 2017): The Court held that a Texas conviction for causing injury to a child (Tex. Penal Code Ann. §22.04(a)) is not an aggravated felony / crime of violence.

Flores v. Attorney General of the United States, __ F.3d __, 2017 WL 1826703 (3d Cir. May 8, 2017): The Court held that a South Carolina conviction for accessory after the fact (S.C. Code Ann. §16-1-55) is not an aggravated felony / offense relating to obstruction of justice.