Ninth Circuit finds that Washington Conviction for Harassment is Crime of Violence

The Ninth Circuit has determined that a Washington misdemeanor conviction for harassment qualifies as a crime of violence because it involves the threatened or actual use of force.

The full text of Rodriguez-Hernandez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/12/27/21-456.pdf

Ninth Circuit Finds that WA Harassment Conviction is Crime of Violence under Federal Sentencing Guidelines.

The Ninth Circuit has determined that a Washington conviction for harassment by making a threat to kill qualifies as a crime of violence under the federal sentencing guidelines because it necessary entails the use of violent force.

In its analysis of the harassment conviction, the Court noted some perceived tension with its decision in US v. Valdivia-Flores, in which it noted that it is possible that no Washington state conviction will qualify as an aggravated felony for immigration purposes. The Court noted the mode of analysis employed in Valdivia-Flores is more akin to the analysis employed under the enumerated offenses clause, rather than the force clause, of the sentencing guidelines. Thus, this is one of those cases that immigration practitioners will want to carefully scrutinize to evaluate if it is determinative as to whether a Washington harassment conviction qualifies as a crime of violence aggravated felony for immigration purposes.

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

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/12/17-30165.pdf

Ninth Circuit Finds that WA Harassment Conviction is Crime of Violence under Sentencing Guidelines

The Ninth Circuit evaluated the sentencing implications of a Washington conviction for harassment.  The court determined that the "harassment statute as a whole is not categorically a crime of violence under § 4B1.2(a)(1), but felony harassment under § 9A.46.020(2)(b)(ii) is divisible from the harassment statute generally. Washington courts have made clear that felony harassment under § 9A.46.020(2)(b)(ii) is a separate crime that requires a unanimous jury to find a threat to kill beyond a reasonable doubt."  The court concluded that "[a] knowing threat of intent to cause bodily injury plainly requires a sufficient mens rea to constitute a threatened use of physical force." 

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

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/12/13/16-30181.pdf