Aggravated Felonies

Chapter

§4.1 I. Basic Analysis of Whether a Conviction Constitutes an Aggravated Felony
§4.2 II. Categorical Analysis
§4.3 A. Essential Elements of the Offense
§4.4 1. Statutory Elements
§4.5 2. Elements As Defined by Judicial Decisions
§4.6 3. Resisting Exceptions to Categorical Analysis
§4.7 B. Minimum Conduct Necessary to Violate the Statute
§4.8 III. Divisible Statutes
§4.9 A. Divisibility Analysis - When Does It Apply?
§4.10 1. Discrete Subsections
§4.11 2. Disjunctive Statutes
§4.12 3. Target Offenses
§4.13 B. Divisibility Analysis - When It Does Not Apply
§4.14 IV. Record of Conviction
§4.15 A. Existence vs. Nature of Conviction
§4.16 B. Limitation to Record of Conviction
§4.17 C. Elements vs. Facts
§4.18 1. Rationale for Ignoring the Facts
§4.19 2. Application
§4.20 3. Foreign Offenses
§4.21 D. Documents Included
§4.22 1. Charging Papers
§4.23 2. Factual Basis and Admissions
§4.24 3. Judgment
§4.25 4. Jury Verdict
§4.26 5. Plea and Plea Agreement
§4.27 6. Other Documents Included
§4.28 E. Documents Excluded
§4.29 1. Dismissed Counts
§4.30 2. Police Reports
§4.31 3. Probation and Presentence Reports
§4.32 4. Other Documents Excluded
§4.33 V. General Considerations
§4.34 A. Definition Under Federal or Common Law
§4.35 1. Definition Under Federal Statutes
§4.36 2. General or Common Law Definitions
§4.37 B. "Related to" Language
§4.38 C. Parentheticals
§4.39 D. Effects of State Law
§4.40 E. Immigration vs. Sentencing Contexts
§4.41 F. All Reasonable Doubts Favor the Noncitizen

§ 4.27 (C)

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(C) Jury Instructions. The United States Supreme Court has held that jury instructions are included in the record of conviction.[257] As with all other documents, however, these instructions may be used only to narrow the possible elements to which the defendant was found guilty.[258]

[257] United States v. Taylor, 495 U.S. 575, 602 (1990).

[258] Ibid. See also Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254 (Mar. 7, 2005); see United States v. Contreras-Salas, 387 F.3d 1095 (9th Cir. Nov. 3, 2004).