Thursday, April 15, 2010

U.S. v. Velasquez-Bosque, No. 09-50126 (4-15-10) (Ikuta with Canby and Gould). The 9th holds that carjacking under Cal. Penal Code 215 is a categorical crime of violence. The 9th looks to its decision in U.S. v. Becerril-Lopez, 541 F.3d 881 (9th Cir. 2008) which held that the state code for robbery under 211 was a crime of violence because it tracked both generic robbery and extortion in its elements. The distinctions drawn in this case, that the carjacking might be temporary or the victim not conscious at the time, were unavailing.
U.S. v. Alderman, No. 08-30322 (4-15-10) (Kleinfeld with O'Scannlain and Berzon). The 9th holds that first degree theft under Washington State law was indeed a crime of violence for the sentencing enhancement as a felon-in-possession. The defendant tried to distinguish prior precedent that so held because of the intervening decision in Begay, 128 US 1581 (2008). The 9th held that theft "from the person" is an aggressive element. The assault here was also a felony (the defendant shot at the victim 9 times).


Post a Comment

<< Home