Lopez-Cardona v. Holder, ___ F.3d ___, 2011 WL 5607634 (9th Cir. Nov. 10, 2011) (California conviction for residential burglary, in violation of Penal Code 459, constitutes a crime of violence under 18 U.S.C. 16(b), and is therefore a particularly serious crime); see United States v. Becker, 919 F.2d 568 (9th Cir. 1990) (California conviction of first-degree burglary under California Penal Code 459 is categorically a crime of violence under 18 U.S.C. 16(b) because the crime inherently involves a substantial risk of physical force); Leocal v. Ashcroft, 543 U.S. 1, 10, 125 S.Ct. 377, 160 L.Ed.2d 271 (2004) (The reckless disregard in[18 U.S.C.] 16 relates not to the general conduct or to the possibility that harm will result from a person's conduct, but to the risk that the use of physical force against another might be required in committing a crime. The classic example is burglary. A burglary would be covered under 16(b) not because the offense can be committed in a generally reckless way or because someone may be injured, but because burglary, by its nature, involves a substantial risk that the burglar will use force against a victim in completing the crime.) (footnote omitted).

jurisdiction: 
Ninth Circuit

 

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