What is the test for determining whether a criminal conviction is a categorical or categorical crime?

MultiRegion, United States of America

The following excerpt is from Cortes-Maldonado v. Barr, 978 F.3d 643 (9th Cir. 2020):

Under the categorical approach, we ignore the actual facts of the particular prior conviction and instead compare the elements of the state statute of conviction to the federal "generic" crime "to determine whether the conduct proscribed by the state statute is broader than the generic federal definition." Alvarez-Cerriteno v. Sessions , 899 F.3d 774, 77879 (9th Cir. 2018) (quotation marks and brackets omitted). If the state statute criminalizes more conduct than the federal statute does, "then the conviction does not qualify as a predicate offense under the categorical approach." Id. at 779 (quotation marks omitted).

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