The Eighth Circuit has determined that a Kansas statute criminalizing possession of any opiates, opium or narcotic drugs, or any stimulant is divisible with respect to the identity of the drug.
The full text of Barbosa v. Garland can be found here:
Viewing entries tagged
Kansas crimes
The Eighth Circuit has determined that a Kansas conviction for attempted aggravated assault qualifies as a crime of violence under the federal sentencing guidelines. The court noted that the statute requires that a defendant make the victim reasonably fear immediate physical harm, and that such conduct constitutes the use of violent force. Given the similarity in the definition of a crime of violence under the sentencing guidelines and the definition of a crime of violence aggravated felony in the Immigration and Nationality Act, this case likely impacts whether a conviction under this statute would be considered an aggravated felony for immigration purposes.
The full text of US v. Price can be found here:
The Eighth Circuit has determined that municipal judgments under Kansas law qualify as convictions for immigration purposes. The court further determined that theft, as defined in the Uniform Public Offense Code, requires permanent takings, thus, qualifies as a crime involving moral turpitude.
The full text of Dominguez-Herrera v. Sessions can be found here:
http://media.ca8.uscourts.gov/opndir/17/03/153457P.pdf
In Mellouli v. Lynch, the Supreme Court ruled that Kansas' drug paraphernalia statute is not categorically a law related to a controlled substance. The Court did not address whether the statute was divisible. In an unpublished decision, the Fifth Circuit implied that the statute may be divisible, and thus, subject to the modified categorical approach.
The full text of Grijalva Limon v. Lynch can be found here:
http://www.ca5.uscourts.gov/opinions/unpub/15/15-60344.0.pdf