Does a criminal offence constitute a generic crime?
MultiRegion, United States of America
The following excerpt is from United States v. Ontiveros, No. 2:18-cr-00175-TLN (E.D. Cal. 2020):
"An overbroad and indivisible statute does not constitute a generic crime." Id. "A state offense qualifies as a generic offense . . . if the full range of conduct covered by [the state statute] falls within the meaning of the generic offense." Id. (quoting United States v. Alvarado-Pineda, 774 F.3d 1198, 1202 (9th Cir. 2014) (insertion retained)).
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