United States v. Hernandez-Hernandez,
431 F.3d 1212 (9th Cir. Dec. 16, 2005) (California conviction
of felony false imprisonment, in violation of Penal Code §
236, 237 constitutes a divisible statute, encompassing some
offenses that constitute crimes of violence within the meaning
of U.S.S.G. § 2L1.2(b)(1)(A)(ii), and some that do not; if
defendant was or might have been convicted of committing false
imprisonment by fraud or deceit, the conviction would not
fall within the crime of violence portion of the divisible
statute, for purposes of assessing a 16-level increase in
base offense level for illegal re-entry).

jurisdiction: 
Ninth Circuit

 

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