A clerk's description of an offense in a California "Abstract of Conviction" does not establish which offense in a divisible statute was the offense of conviction. United States v. Navidad-Marcos, 367 F.3d 903 (9th Cir. 2004). The Abstract of Conviction has been used, however, to identify the charge or "count" to which a plea was entered. United States v. Velasco-Medina, 305 F.3d 839 (9th Cir. 2002).

jurisdiction: 
Ninth Circuit

 

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