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CA 2nd-degree Robbery Not Categorically a Crime of Violence

By Shari Allison

US v. Servin-Acosta, 2008 WL 2908932 7/30/08 - 16-level enhancement based on California conviction for 2d degree robbery in this reentry case reversed and case remanded for resentencing. Although a minute order, along with Border Patrol records, were sufficient to establish the fact of conviction, mere fact that "robbery" is an enumerated crime of violence under USSG 2L1.2 was not sufficient to establish that the defendant's conviction was for "generic robbery." The California statute defines robbery as the felonious taking of personal property of another, from his person or immediate presence, against his will, accompanied by means of force or fear. The government made no attempt to show that the California statute satisfies the definition of 'generic robbery" (in other words, passes muster under the categorical approach, although the 10th did not use that term here), and merely argued that "robbery is robbery...continue to full post

Full post as published by Tenth Circuit Blog on August 01, 2008 (boomark / email).