US v. Acevedo-De La Cruz, No. 15-10418 (1-5-17) (Ikuta w/Bea & Restani). This is a categorical analysis of whether a violation of a protective order is a "crime of violence" under 2L1.2 of the USSG. The statute in question is Section 273.6(d) of the California Penal Code. The statute criminalizes a violation of a protective order "involving an act of violence or 'credible threat' of violence." The defendant argues that a "threat of violence" could include vehement words expressing feelings. This would be a credible threat of violence without the threatened use of physical force. In rejecting the defendant's argument, and affirming the +16 enhancement, the 9th relies on the plain text of the statute, and a common understanding of the word "violence" as including force. The 9th holds that a violation of 273(d) is a categorical crime of violence.
The decision is here: