Is a statute de novo divisibility?
MultiRegion, United States of America
The following excerpt is from United States v. Murillo-Alvarado, 876 F.3d 1022 (9th Cir. 2016):
A statute is not divisible when it "contains ... alternative means by which a defendant might commit the same crime." Martinez-Lopez , 864 F.3d at 1039 (citing Mathis , 136 S.Ct. at 2256 ). A statute is divisible when it "list[s] elements in the alternative, and thereby define[s] multiple crimes." Mathis , 136 S.Ct. at 2249. We review the divisibility of a statute de novo. Almanza-Arenas v. Lynch , 815 F.3d 469, 477 (9th Cir. 2016) (en banc).
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