Does a federal sentencing court have jurisdiction to create a categorical approach to sentencing under Section 9 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S. v. Oca, 11 Cal. Daily Op. Serv. 10150, 2011 Daily Journal D.A.R. 12177, 655 F.3d 915 (9th Cir. 2011):
FN9. See United States v. Giggey, 551 F.3d 27, 40 (1st Cir.2008) ( Under the categorical approach, a federal sentencing court may not create a series of federal subcategorizations to fit the facts of a particular case.... If the state statute does not contain such ... distinction[s], the federal court may not create one.).
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