Tuesday, October 21, 2014

United States v. Hernandez, No. 13-50632 (per curiam with Pregerson, Tallman, and Bea).

In honor of Descamps, we should have a pledge of allegiance to precedent finding overbroad categorical approaches, where there is one statute, indivisible. In this case, the 9th vacates a sentence that added an aggravated felony enhancement in a ยง 1326 case for a California felon in possession. The 9th followed recent precedent in so ruling. In United States v. Aguilera-Rios, No. 12-50597 2014 WL 4800292 (9th Cir. 9-29-14), the court held in the immigration context that the California felon-in-possession statute was not a categorical fit for the federal felon in possession statute because the state statute did not have an antique-firearms exception. This overbroad approach also applies in the sentencing context, and so the aggravated-felony adjustment is not triggered.

Congrats to Jim Locklin, Deputy Federal Defender in the Calif. Central FPD (Los Angeles).

The decision is here:


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