Ninth Circuit - Categorical Approach

United States v. Jones, 951 F.3d 1138 (9th Cir. 2020). Colorado second-degree burglary is a “violent felony” under the ACCA because the statute’s definition of “dwelling” satisfies the generic offense of burglary.

United States v. Walker, 953 F.3d 577 (9th Cir. 2020). California willful infliction of corporal injury on a spouse or cohabitant is a violent felony under the ACCA because it requires “a direct application of force on the victim.” (emphasis in original)

United States v. Dominguez, 954 F.3d 1251 (9th Cir. 2020). Hobbs Act robbery in violation of 18 U.S.C. § 1951, is a crime of violence under § 924(c). An attempt to commit a crime of violence, such as Hobbs Act robbery, is also a crime of violence. The Ninth Circuit did not decide whether a conspiracy to commit a crime of violence is also a crime of violence.

United States v. Baldon, 956 F.3d 1115 (9th Cir. 2020). California carjacking is not a crime of violence under §4B1.2(a).

United States v. Asuncion, 974 F.3d 929 (9th Cir. 2020). A felony drug offense under 21 U.S.C. § 802(44) excludes offenses punishable by imprisonment for one year or less. A guidelines system is relevant to determining whether an offense is punishable by more than one year if that system “sharply limit[s] the judge’s discretion to impose a sentence above the range.” A guidelines system is not relevant to that determination if that system provides “broad discretion to go above the range.”

United States v. Bautista, 982 F.3d 563 (9th Cir. 2020). Arizona attempted unlawful transportation of marijuana for sale is not a “controlled substance offense” under §4B1.2(b). The statute is both indivisible and overbroad because it includes hemp in its definition of marijuana.

United States v. Furaha, 992 F.3d 871 (9th Cir. 2021). Possessing a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c) is a controlled substance offense under §4B1.2(b).

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