Thursday, July 25, 2013

US v. Flores-Cordero, No. 12-10220 (Schroeder with Callahan and Vance, Sr. D.J.).

The Arizona resisteing arrest statute, 13-2508(A)(1), is not a categorical crime of violence (COV). The 9th effectively overrules Estrada-Rodriguez v. Mukasey, 512 F.3d 517 (9th Cir. 2007) as subsequent state decisions indicate that even a minor scuffle can fall under that statute, and thus, it is over broad. Whatsmore, because the statute is not divisible, Deschamps v. US 113 S.Ct 2276 (2013) bars a modified categorical approach.

Nice win for CJA counsel Myrna Beards, from Tucson.

The Decision is here:


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