Category: Blog

Categorical Approach Update

Posted on May 26, 2017

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. […]..

Categorical Approach Update

Posted on May 5, 2017

United States v. Rivera-Muniz, __ F.3d __, 2017 WL 1404193 (9th Cir. Apr. 20, 2017): The Court held that a California manslaughter conviction (Cal. Penal Code §192(a)) is categorically a crime of violence (namely, generic manslaughter) for purposes of U.S.S.G. §2L1.2. United States v. Barker, __ Fed.Appx. __, 2017 WL 1433330 (9th Cir. Apr. 24, 2017), and United States v. Andrews, __ Fed.Appx. __, 2017 WL 1433316 (9th Cir. Apr. 24, 2017): The Court rejected vagueness challenges to U.S.S.G. §4B1.2’s residual clause in light of […]..

Categorical Approach Update

Posted on April 14, 2017

United States v. Arriaga-Pinon, __ F.3d __, Case No. 16-50188 (9th Cir. Apr. 7, 2017): The Court held that, under the modified categorical approach, the defendant’s conviction under California Vehicle Code §10851(a) (theft and unlawful driving or taking of a vehicle) was not an aggravated felony. The Court therefore did not have to reach the defendant’s argument that its 2013 decision in Duenas-Alvarez holding that §10851(a) is divisible is clearly irreconcilable with Mathis. Concurring, Judge Thomas noted that, because Mathis has altered the legal landscape, […]..

Categorical Approach Update

Posted on March 10, 2017

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 […]..

Categorical Approach Update

Posted on February 10, 2017

United States v. Steiner, __ F.3d __, 2017 WL 437657 (3d Cir. Feb. 1, 2017): The Court held that Pennsylvania burglary (18 Pa. Cons. Stat. Ann. §3502(A)) is categorically not a crime of violence for purposes of U.S.S.G. §2K2.1 / §4B1.2. United States v. Driver, __ F.3d __, 2017 WL 382307 (11th Cir. Jan. 27, 2017): The Court held that Florida’s false-imprisonment statute (Fla. Stat. Ann. §787.02)—which defines the crime as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful […]..

Categorical Approach Update

Posted on November 11, 2016

Cases Esquivel-Quintana v. Lynch, Case No. 16-54 (Oct. 28, 2016): The Supreme Court granted review to address this question: “Whether a conviction under one of the seven state statutes criminalizing consensual sexual intercourse between a 21-year-old and someone almost 18 constitutes an ‘aggravated felony’ of ‘sexual abuse of a minor’ under 8 U.S.C. §1101(a)(43)(A) of the Immigration and Nationality Act – and therefore constitutes grounds for mandatory removal.” Rios-Vizcarra v. Wigen, __ Fed.Appx. __, 2016 WL 6156049 (9th Cir. Oct. 24, 2016): The Court upheld […]..

Categorical Approach Update

Posted on October 21, 2016

Cases Lynch v. Dimaya, Case No. 15-1498 (Sept. 29, 2016): The Supreme Court granted review to address this question: “Whether 18 U.S.C. §16(b), as incorporated into the Immigration and Nationality Act’s provisions governing an alien’s removal from the United States, is unconstitutionally vague.” United States v. Martinez-Lopez, Case No. 14-50014 (9th Cir. Sept. 26, 2016): The Court ordered rehearing en banc in this illegal-reentry case to apply the categorical approach to California Health & Safety Code §11352. The case presents two issues: (1) whether the […]..