BLOG BULLETS: The California and Nevada burglary statutes have already been held non-divisible under Descamps and thus not subject to the modified categorical approach. Case law has interpreted the Arizona burglary statute to be like the Nevada and California statutes, so it should be found to be non-divisible for the same reasons. There are good […]

BLOG BULLETS: Remember that just a listing of alternatives isn’t what makes a statute “divisible” under Descamps. The list has to be a list of alternative elements that creates different offenses, not a list of alternative means of committing a single offense. A recent Fourth Circuit case affirmed this reading ofDescamps. NOW THE BLOG: In […]

BLOG BULLETS: For now, conspiracy to commit a “violent felony” is also itself a “violent felony” under the Armed Career Criminal Act. But a Ninth Circuit panel has described this holding as “illogical” and “questionable” in light of Supreme Court precedent. A petition for rehearing en banc is now pending, with a government response ordered, […]

BLOG BULLETS: The crime of attempt, like conspiracy, is defined differently in different jurisdictions, so check your state’s definition against the generic definition. There’s also an argument that the generic definition recognizes the defense of “abandonment,” or “renunciation,” so check whether your state fails to recognize that defense. There’s two bad cases holding California attempt […]