Ninth Circuit finds that NC Conviction for Breaking and Entering is Predicate Felony under ACCA

The Ninth Circuit has determined that a North Carolina conviction for breaking and entering can qualify as a predicate burglary offense under the Armed Career Criminal Act (ACCA). In so doing, the court determined that generic burglary includes burglary of mobile structures customarily used or adapted for overnight accommodation, such as mobile homes. Given the similar definition of a burglary predicate offense under the ACCA and a burglary aggravated felony in the immigration context, this decision could have persuasive impact in immigration cases.

The full text of Mutee v. United States can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/04/17-15415.pdf

Fourth Circuit Finds that Court Costs are not Punishment

The Fourth Circuit has determined that a "prayer for judgment" in North Carolina, when accompanied only by an order to pay court costs, does not constitute a conviction for immigration purposes because these court costs do not constitute a punishment or penalty.  "Because a punishment or penalty must be proportionate to a defendant’s wrongdoing, courts generally refuse to treat a monetary assessment as a punishment or penalty when the assessment solely reflects the costs of compensating a private party or the government for losses resulting from the wrongdoing."  Congress intended the words "penalty" and "punishment" in the definition of a conviction to refer to "discretionary acts of judgment as opposed to the broader set of ministerial or administrative decrees or assessments a court may impose."  "This requires a judge to order a punitive sanction—i.e., one that is intended to discipline or deter and is proportionate to the underlying offense conduct."

The full text of Guzman Gonzalez v. Sessions can be found here:

http://www.ca4.uscourts.gov/Opinions/171519.P.pdf

Fourth Circuit finds that Deferred Prosecution Agreement Constitutes Conviction

The Fourth Circuit has determined that a petitioner who signed a deferred prosecution agreement and who agreed in court that he was stipulating to the facts in the agreement had sustained a conviction for immigration purposes.  In addition, the court determined that the term "crime involving moral turpitude" is not void for vagueness.  

The full text of Boggala v. Sessions can be found here:

http://www.ca4.uscourts.gov/Opinions/Published/161558.P.pdf

Fourth Circuit Addresses North Carolina Convictions for Speeding to Elude Authorities

The Fourth Circuit concluded that North Carolina conviction for speeding to elude authorities does not qualify as violent felony under the Armed Career Criminal Act (ACCA) because it neither requires the use of force nor is it one of the enumerated crimes defined as violent felonies. 

The full text of United States v. Barlow can be found here: http://www.ca4.uscourts.gov/Opinions/Published/154114.P.pdf