Monday, December 18, 2017

US v. Jones, No. 17-15869 (12-15-17)(Per curiam w/Motz, M. Smith, and Nguyen).

This is an Az FPD case.  The 9th holds that Arizona's armed robbery, Ariz. Rev. Stat. 13-1904, does not qualify as a COV under ACCA because of the categorical approach.  The 9th follows US v. Molinar, No. 15-10430, 2017 WL 5760565 (9th Cir. Nov. 29, 2017), where the 9th held that Az's armed robbery is not a COV under the force clause of the Guidelines, but was under the enumerated felonies clause.  However, Molinar does not apply to ACCA's enumerated felonies clause.  See US v. Dixon, 805 F.3d 1193 (9th Cir. 2015).  "Therefore, Arizona armed robbery also does not qualify as a violent felony under ACCA's enumerated felonies clause."

Congrats to AFPD Keith Hilzendeger (FPD Az -Phoenix).  A shout out is also in order for  AFPD Ryan Moore (FPD Az - Tucson) for his work and partial but significant victory in Molinar.
The decision is here:


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