Ninth Circuit - Categorical Approach

United States v. Bates, 960 F.3d 1278 (11th Cir. 2020). Assault of a federal officer with a dangerous weapon in violation of 18 U.S.C. § 111 is a crime of violence under section 924(c)’s force clause. Additionally, Georgia possession of marijuana with intent to distribute is a predicate drug offense under both the Armed Career Criminal Act and the career offender guideline.

United States v. Graves, 925 F.3d 1036 (9th Cir. 2019). California possession of drugs by an inmate is not a felony drug offense under § 21 U.S.C. § 851 because it is indivisible and overbroad in that it criminalizes controlled substances that are not regulated under federal law.

United States v. Perez, 932 F.3d 782 (9th Cir. 2019). California battery resulting in serious bodily injury is a “crime of violence” under §4B1.2(a)(1) because it requires the deliberate use of violent physical force.

United States v. Crum, 934 F.3d 963 (9th Cir. 2019). Oregon delivery of methamphetamine is a controlled substance offense under § 4B1.2 even though the statute criminalizes an offer to sell. While there is a circuit split on this issue, Ninth Circuit precedent holds that the term “controlled substance offense” includes solicitation and attempt offenses.

United States v. Begay, 934 F.3d 1033 (9th Cir. 2019). Second-degree murder in violation of 18 U.S.C. §1111 is not a crime of violence under the force clause of 18 U.S.C. §924(c) because it can be committed recklessly rather than intentionally.

United States v. Fitzgerald, 935 F.3d 814 (9th Cir. 2019). Nevada attempted battery with substantial bodily harm is a crime of violence under the force clause of §4B1.2.

United States v. Schopp, 938 F.3d 1053 (9th Cir. 2019). Alaska sexual assault and sexual abuse of minors is not “related to the sexual exploitation of children” under 18 U.S.C. § 2251(e) because it does not involve visual depictions of minors. The court noted its holding conflicts with holdings in the Fourth and Eighth Circuits.

United States v. Shelby, 939 F.3d 975 (9th Cir. 2019). Oregon first-degree robbery is not a violent felony under ACCA’s force clause. A person may commit it by being “armed with a deadly weapon” without using it.

United States v. Gobert, 943 F.3d 878 (9th Cir. 2019). Federal assault with a dangerous weapon under 18 U.S.C. § 113(a)(3) is a crime of violence under the force clause of 18 U.S.C. § 924(c).

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).

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