Updates to criminal defense

AGGRAVATED FELONY - CRIME OF VIOLENCE - BATTERY - PREGNANT WOMAN

United States v. Llanos-Agostadero, 486 F.3d 1194 (11th Cir. May 15, 2007) (per curiam) (Florida conviction of aggravated battery on a pregnant woman, in violation of Fla. Stat. 784.045(1)(b) ["[a]ctually and intentionally touches or strikes another person" against the latter's will, or "[i]ntentionally causes bodily harm to another person." Small v. State, 889 So.2d 862, 863 (Fla.Dist.Ct.App.2004) (construing Fla. Stat.

jurisdiction: 
Eleventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT - SIMPLE BATTERY CONSTITUTES A CRIME OF DOMESTIC VIOLENCE UNDER FEDERAL CRIMINAL FIREARMS STATUTE

United States v. Griffith, 455 F.3d 1339, 1340-1345 (11th Cir. 2006) (Georgia conviction of simple battery, under Ga.Code Ann. 16-5-23(a)(1) (which occurs when a person "[i]ntentionally makes physical contact of an insulting or provoking nature with the person of another"), constitutes a "crime of domestic violence" under 18 U.S.C. 921(a)(33)(A)(ii), 922(g)(9), which defines a "crime of domestic violence" to include, inter alia, any offense that "has, as an element, the use or attempted use of physical force.").

jurisdiction: 
Eleventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT - SIMPLE BATTERY ON POLICE OFFICER CONSTITUTES CRIME OF VIOLENCE UNDER GUIDELINES

United States v. Glover, 431 F.3d 744, 747, 749 (11th Cir. 2005) (Florida conviction of simple battery on a law enforcement officer, in violation of Fla. Stat. 784.03 and 784.07, is a crime of violence under U.S.S.G. 4B1.2(a)(1) [inter alia, any offense that "has as an element the use, attempted use, or threatened use of physical force against the person of another."]).

jurisdiction: 
Eleventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - "CRIME OF VIOLENCE" DECISIONS UNDER TWO DIFFERENT GUIDELINES DEFINITIONS AND FEDERAL FIREARMS POSSESSION STATUTE ARE INDISTINGUISHABLE

United States v. Llanos-Agostadero, 486 F.3d 1194 (11th Cir. May 15, 2007) (per curiam) ("In our view, the offenses at issue in Glover [USSG 4B1.2(a)] and Griffith [18 U.S.C. 922(g)(9)] cannot be meaningfully distinguished from the offense at issue in the instant case, at least with regards to determining whether the offense is a "crime of violence" under U.S.S.G. 2L1.2(b)(1).").

jurisdiction: 
Eleventh Circuit

RECORD OF CONVICTION - SENTENCING CONTEXT

United States v. Llanos-Agostadero, _486 F.3d 1194 (11th Cir. May 15, 2007) (per curiam) ("Generally, in determining whether a prior conviction is a qualifying offense for enhancement purposes, we apply a "categorical" approach-that is, we look no further than the fact of conviction and the statutory definition of the prior offense. Taylor v. United States, 495 U.S. 575, 600-02, 110 S.Ct. 2143, 2159-60, 109 L.Ed.2d 607 (1990); United States v. Aguilar-Ortiz, 450 F.3d 1271, 1273 (11th Cir.2006).

jurisdiction: 
Eleventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT

United States v. Carson, 486 F.3d 618 (9th Cir. May 15, 2007) (Washington conviction of second-degree assault, in violation of RCW 9A.36.021(1)(f) [ "[k]nowing[ ] inflict[ion of] bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture."] is a "crime of violence" for purposes of the Sentencing Guidelines career offender enhancement provision, U.S.S.G. 4B1.1).

jurisdiction: 
Ninth Circuit

GOOD MORAL CHARACTER - FALSE TESTIMONY - MATERIALITY REQUIREMENT

Gonzalez-Maldonado v. Gonzales, 487 F.3d 975 (5th Cir. May 25, 2007) ("Gonzalez's misrepresentation [putting attorney's address in a different state as his own on an immigration application] is immaterial because his address had no bearing on his receipt of immigration benefits.").

jurisdiction: 
Fifth Circuit

GOOD MORAL CHARACTER - FALSE TESTIMONY - SUBJECTIVE INTENT TO OBTAIN BENEFITS

Gonzalez-Maldonado v. Gonzales, 487 F.3d 975 (5th Cir. May 25, 2007) ("A person does not have good moral character if he "has given false testimony for the purpose of obtaining any benefits under this chapter." 8 U.S.C. 1101(f)(6). "[T]estimony is limited to oral statements made under oath . . . [and] with the subjective intent of obtaining immigration benefits." Kungys v. United
States, 485 U.S. 759, 780, 108 S. Ct. 1537, 1551 (1988); see also
Beltran-Resendez v. INS, 207 F.3d 284, 287 (5th Cir.

jurisdiction: 
Fifth Circuit

United States v. Sandoval-Sandoval, 487 F.3d 1278 (9th Cir. May 23, 2007) (per curiam) (district court at sentencing properly relied on California abstract of judgment, for purpose of imposing a 16-level enhancement pursuant to U.S.S.G. 2L1.2(b)(1)(A) in reliance on a factual finding that Defendant had been convicted earlier of "a drug trafficking offense for which the sentence imposed exceeded 13 months," since the document unequivocally contained the information needed), distinguishing United States v. Navidad-Marcos, 367 F.3d 903 (9th Cir.

jurisdiction: 
Ninth Circuit

RECORD OF CONVICTION - ABSTRACT OF JUDGMENT - DISTRICT COURT PROPERLY RELIED ON CALIFORNIA ABSTRACT OF JUDGMENT IN DETERMINING SENTENCE IMPOSED SINCE DOCUMENT UNEQUVOCALLY CONTAINED THE NECESSARY INFORMATION

United States v. Sandoval-Sandoval, 487 F.3d 1278 (9th Cir. May 23, 2007) (per curiam) (district court at sentencing properly relied on California abstract of judgment, for purpose of imposing a 16-level enhancement pursuant to U.S.S.G. 2L1.2(b)(1)(A) in reliance on a factual finding that Defendant had been convicted earlier of "a drug trafficking offense for which the sentence imposed exceeded 13 months," since the document unequivocally contained the information needed), distinguishing United States v. Navidad-Marcos, 367 F.3d 903 (9th Cir.

jurisdiction: 
Ninth Circuit

Archives

Sep 2010

Categories

Tags