Wednesday, December 15, 2004

Child Abuse as a Crime of Violence under 1326

US v. Lopez-Patino, No. 03-10684 (12-10-04). The 9th again looks at 1326's enhancements and whether Arizona's 1990 child abuse statute qualifies under a categorical test as a crime of violence. The 9th held that the 1990 child abuse statute, Ariz. Rev. Stat. 13-3623(C) did not so qualify categorically because it is overly inclusive and includes acts that could cause a child physical injury without the use of force (cf Leocal v. Ashcroft (drunk driving). The gov't so conceded. However, and unfortunately for defendant, under a modified categorical approach, the charging document, the plea colloquy, and the judgment all indicate violence in spanking the child that caused bruising. This was a crime of violence. Summary by Jon Sands


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