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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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United States v. Manzanares, No. 18-2010, 2020 WL 1898797 (10th Cir. Apr. 17, 2020)The Court affirms its prior holdings that New Mexico robbery (aggravated or not) is a crime of violence, post-Stokeling. The Tenth holds that Stokeling did not alter its holding in Garcia. Its subsequent decisions in Ash (finding MO robbery is an ACCA predicate) and Bong (finding that Kansas robbery is not an ACCA predicate) also make no difference on the binding Garcia precedent. Also still qualifying as ACCA predicates are New Mexico aggravated assault and aggravated battery.

Full post as published by Tenth Circuit Blog on June 16, 2020 (boomark / email).

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