Monday, August 20, 2018

US v. Guizar-Rodriguez, No. 16-10507 (8-17-18)(N. Smith w/Bea & Nye). The 9th affirms a 1326 conviction. The defendant argues that his prior conviction, battery with a deadly weapon under Nevada Revised Statute 200.481(2)(e)(1) is a categorical “crime of violence.” Although this is a battery, even the least touching with a deadly weapon or instrument is violent in nature. A deadly weapon under state law here, the 9th finds, is given a broad reading and is both functional and inherent.

The decision is here:



Post a Comment

<< Home