Ninth Circuit Finds that Hawaii's Second-Degree Robbery Statute is Divisible

The Ninth Circuit has determined that Hawaii’s second-degree robbery statute is divisible. Subsection (b), which requires the defendant to “threaten[] the imminent use of force against the person of anyone who is present with intent to compel acquiescence to the taking of or escaping with the property” matches the definition of a crime of violence.

The full text of US v. Tagatac can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/06/10/21-10133.pdf

Ninth Circuit Finds that Hawaii First-Degree Unlawful Imprisonment Conviction is CIMT

The Ninth Circuit has determined that a Hawaii conviction for first-degree unlawful imprisonment is a crime involving moral turpitude. The statute requires, at a minimum, that the defendant knowingly restrain another person under circumstances that the defendant knows will expose the person to a risk of serious bodily injury. The court concluded that the combination of the harm and state of mind required by the Hawaii statute results in conduct that is morally turpitudinous. “Even though the offense required a state of mind of only recklessness, we found that the creation of a substantial, actual risk of imminent death is sufficiently reprehensible” to establish a CIMT.’” The court also noted that both the Board of Immigration Appeals and the iInth Circuit “have been unable to establish any coherent criteria for determining which crimes fall within that classification and which crimes do not.”

The full text of Fugow v. Barr can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/18/16-70918.pdf

Ninth Circuit Addresses a Hawaii Conviction for Second-Degree Escape

In the context of a federal criminal sentencing hearing, the Ninth Circuit determined that Hawaii's second-degree escape statute is not a crime of violence.  The statute does not include an element of the use, attempted use, or threatened use of physical force against the person of another, and does not present a serious potential risk of physical injury to another.  

The full text of US v. Simmons can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2015/04/03/11-10459.pdf