When a state statute is greater breadth than its text, can the state apply the statute of conviction in a nongeneric manner?

MultiRegion, United States of America

The following excerpt is from Chavez-Solis v. Lynch, No. 11-73958 (9th Cir. 2015):

the crime." United States v. Grisel, 488 F.3d 844, 850 (9th Cir. 2007) (en banc) (citation omitted); see also United States v. Vidal, 504 F.3d 1072, 1082 (9th Cir. 2007) (en banc). Accordingly, when a "state statute's greater breadth is evident from its text," a petitioner need not point to an actual case applying the statute of conviction in a nongeneric manner. Grisel, 488 F.3d at 850. The petitioner may simply "rely on the statutory language to establish the statute as overly inclusive." Vidal, 504 F.3d at 1082.

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