United States v. Mungia-Portillo, 484 F.3d 813, 816 (5th Cir. Apr. 17, 2007) ("In deciding whether a prior statute of conviction qualifies as a crime of violence, this court has alternatively employed (1) a "common sense approach," defining the offense according to its "ordinary, contemporary, [and] common meaning," or (2) a "categorical approach," defining the offense according to a "generic, contemporary definition." Compare United States v. Izaguirre-Flores, 405 F.3d 270, 273-74 (5th Cir.2005), with United States v. Dominguez-Ochoa, 386 F.3d 639, 644 (5th Cir.2004); see also United States v. Mendoza-Sanchez, 456 F.3d 479, 481-82 (5th Cir.2006) (per curiam) (noting both approaches). Both approaches are rooted in Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). See Izaguirre-Flores, 405 F.3d at 275 n. 16 (quoting Dominguez-Ochoa's citation to Taylor); Dominguez-Ochoa, 386 F.3d at 644 (citing Taylor). Recently a panel of this court articulated that the methodology employed depends upon whether the prior offense constitutes a crime of violence (1) because it is an enumerated offense or (2) because it has as an element the use or attempted use of force. See Mendoza-Sanchez, 456 F.3d at 481-82. If it is the former, then the common sense approach is used; if it is the latter, then the categorical approach is used. See id.").

jurisdiction: 
Fourth Circuit

 

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