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Viewing entries tagged
weapons possession
The Eighth Circuit has reaffirmed its precedent that a Missouri conviction for unlawful exhibition of a weapon is a crime of violence, even in light of the Supreme Court’s decision in Borden. The court noted that only a plurality of judges required that the violent force required be directed at another person, which Justice Thomas’ concurrence required only that intentional acts be an element of the offense.
The full text of US v. Larry can be found here:
It's not unusual for the Ninth Circuit and the Board of Immigration Appeals to fight about....well...everything. And last week, the Ninth Circuit refused to defer to the BIA's determination that a gang enhancement can turn a non-morally turpitudinous offense (such as a simple assault) into a crime involving moral turpitude. Mr. Hernandez-Gonzalez was convicted of possession of a billy club. At the sentencing phase, the criminal court added an enhancement because the conviction was related to gang activity. The Ninth Circuit noted that possession of a billy club is widely acknowledged to be non-morally turpitudinous conduct. It also reiterated its prior holding that non-fraud crimes will rarely be considered crimes involving moral turpitude unless they require an intent to injury, actual injury, or a protected class of victims. Neither the underlying weapons possession charge nor the gang enhancement included these factors. Thus, the gang enhancement did not transform the conviction into a crime involving moral turpitude.
In reaching its conclusion, the Ninth Circuit declined to accord Chevron deference to Matter of E. E. Hernandez, which held that a conviction for vandalism with a gang enhancement was a crime involving moral turpitude.
The full text of Hernandez-Gonzalez v. Holder can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2015/02/13/11-70359.pdf
