What is the test for determining whether a criminal conviction sufficiently match the elements of a generic federal crime?

MultiRegion, United States of America

The following excerpt is from United States v. Arriaga-Pinon, 852 F.3d 1195 (9th Cir. 2017):

"whether the elements of the crime of conviction sufficiently match the elements of [the generic federal crime]." Mathis , 136 S.Ct. at 2248. If the statute is overbroad and thus not a categorical match, we next ask whether the statute's elements are also an indivisible set. See id. at 224849. Finally, if the statute is divisible, then the modified categorical approach applies and "a sentencing court looks to a limited class of documents ... to determine what crime, with what elements, a defendant was convicted of." Id. at 2249 ; see also Almanza-Arenas v. Lynch , 798 F.3d 863, 86768 (9th Cir. 2015) (en banc).

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