Wednesday, August 14, 2013

US v. Acosta-Chavez, No. 12-10324 (8-14-13)(Wood, Sr. D.J., with Tashima and Bybee).

Another "categorical" decision in a 1326 case. In sentencing on a 1326 conviction, the defendant had a prior Illinois conviction which was found by the court to be an aggravated felony. The 9th held that the Illinois statute defining minor in a forcible sex offense (here in a range of 13 to 17 years old) was broader than the minor definition in the generic federal statute. It is also not divisible, and therefore not open to a modified categorical approach. See Deschamps, 133 S. Ct. 2276 (2013).

Congrats to CJA counsel David Basham of the Tucson panel.


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