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A Criminal History Update

A Criminal History Update. May 10, 2013 Joanna Silver Staff Attorney joanna_silver@fd.org. Second Degree Assault in the District of Maryland. Categorically Not a COV Under 2L1.2’s “Use of Force” Clause – Blake; Motz

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A Criminal History Update

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  1. A Criminal History Update May 10, 2013 Joanna Silver Staff Attorney joanna_silver@fd.org

  2. Second Degree Assault in the District of Maryland • Categorically Not a COV Under 2L1.2’s “Use of Force” Clause – Blake; Motz • Categorically Not a COV Under the Career Offender GL (no mention of “otherwise” vs. “use of force” clauses) – Bredar; Motz, Bennett • Categorically Not a COV Under 2K2.1 (expressly considered under both “use of force,” and “otherwise” clauses) –Chasanow • Still Applying the Modified Categorical Approach – Hollander, Messitte • Postponing a Decision Pending Descamps – Titus • Issue Pending in a Habeas Petition –Garbis

  3. Pending Cases Re: Categorical vs. Modified Categorical Approach • Descamps – USC • Bailey; Barrillas; Royal – held in abeyance by the 4th Cir. pending Descamps • Cabrera-Umanzor; Aparicio-Soria; Lemus-Diaz; Rosas-Rosas; Martin – pending in the 4th Cir. and anticipate no ruling until Descamps

  4. Good Published Cases Post-Gomez • Moncrieffe v. Holder, --SC--, 2013 WL1729220 (April 23, 2013) • United States v. Rangel-Castaneda, 709 F. 3d 373 (4th Cir. 2013) • But see, Mondragon v. Holder, 706 F.3d 535 (4th Cir. 2013)

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