Third Circuit Finds that PA Felony Eluding Statute is Divisible

The Third Circuit has determined that a Pennsylvania statute criminalizing eluding the police as a felony is divisible between three grading factors. The Court further found that the third grading factor could be violated by a driver who recklessly flees or attempts to elude law enforcement in an attempt to transport himself or another person to a hospital would still violate the statute. This conduct is not reprehensible, and thus, the statute is not a categorical match to the definition of a crime involving moral turpitude.

The full text of Ndungu v. Attorney General can be found here: https://www2.ca3.uscourts.gov/opinarch/202562p.pdf

Eighth Circuit Finds that Missouri Conviction for Resisting Arrest by Fleeing is not a Crime of Violence

In the context of a federal sentencing case, the Eighth Circuit determined that a Missouri conviction for resisting arrest by fleeing is not a crime of violence because it does not require that a defendant use force or the threat of force.  Given the similarity between the definition of a crime of violence in the sentencing context and the immigration context, this case may provide valuable insight into the immigration consequences of a conviction under this statute.

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

http://media.ca8.uscourts.gov/opndir/16/06/151697P.pdf