Does a modified categorical approach apply to determining whether a defendant has been convicted of an aggravated felony under a federal criminal statute?

MultiRegion, United States of America

The following excerpt is from United States v. Pargas-Gonzalez, Case No. 11cr03120 BTM (S.D. Cal. 2012):

the conviction is for an aggravated felony, and the inquiry is over. If, however, the state statute punishes conduct not included in the federal definition, the modified categorical approach permits an examination of the "record of conviction" to determine if the defendant was convicted of the generically defined crime. The "record of conviction" is limited to "the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the [state] trial judge to which [the defendant] assented." United States v. Vidal, 504 F.3d 1072, 1086 (9th Cir. 2007) (en banc) (citation and quotation marks omitted).

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