United States v. Cabrera-Gutierrez, ___ F.3d ___, 2014 WL 998173 (9th Cir. Mar. 17, 2014), withdrawing and superseding previous opinion on grant of panel rehearing (Oregon conviction of sexual abuse in the second degree, in violation of Or.Rev.Stat. 163.425, does not trigger a sentence for a federal conviction for failing to register under the Sex Offender Registration and Notification Act, 18 U.S.C. 2250, as a Tier III sex offender, because the Oregon statute is not divisible: The statute states a single, indivisible set of elements, and the modified categorical approach does not apply. Descamps, 133 S.Ct. at 2282; see also Acosta"Chavez, 727 F.3d at 909 (holding that where the state statute's age element is broader than the federal definition and is not divisible ... we may not apply the modified categorical approach).

 

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