Categorical Approach Update
United States v. Solomon, __ Fed.Appx. __, 2017 WL 4966452 (9th Cir. Oct. 27, 2017): The Court held that an assault conviction under California Penal Code §245(a)(4) is a crime of violence for purposes of U.S.S.G. §4B1.2 under existing circuit precedent, which is not clearly irreconcilable with Descamps, Mathis, or Johnson.
United States v. O’Connor, __ F.3d __, 2017 WL 4872571 (10th Cir. Oct. 30, 2017): The Court held that Hobbs Act robbery (18 U.S.C. §1951) is categorically not a crime of violence for purposes of U.S.S.G. §4B1.2 because it does not constitute either robbery or extortion (which are among in the guideline’s enumerated offenses) and it does not have as an element the use, attempted use, or threatened use of physical force against the person of another.
United States v. Boman, 873 F.3d 1035 (8th Cir. 2017): The Court held that a conviction for using or carrying gun during or in relation to crime of violence (18 U.S.C. §924(c)(1)) is categorically not an ACCA violent felony.
United States v. Davis, __ F.3d __, 2017 WL 5150831 (11th Cir. Nov. 7, 2017): The Court held that an Alabama conviction for sexual abuse by forcible compulsion (Ala. Code §13A-6-66(a)(1)) is categorically not an ACCA violent felony because it does not require the use, attempted use, or threatened use of physical force against another person.