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29 Jul 2013, 6:12 am
See Aguila Montes de Oca blog, here. [read post]
17 Jul 2013, 4:47 pm
The debate between the majority and the concurring judges in Aguila-Montes de Oca (all agreed that the generic offense was not established) centered on whether the Ninth Circuit was straying from Taylor and its progeny by allowing a statute that is indivisible and “categorically broader than generic burglary” to be treated as generic burglary based on application of the modified categorical approach. [read post]
10 Jul 2013, 4:00 pm
See Aguila-Montes, 655 F. 3d, at 937. [read post]
20 Jun 2013, 11:09 pm
"Similarly, consider (though Aguila-Montes did not) ..." [read post]
29 Jan 2013, 8:04 am
Aguila allegedly continued driving, but witnesses assisted police in locating the minivan a couple of blocks away. [read post]
6 Jan 2013, 3:29 pm
In the en banc Aguila Montes de Oca (AMdO) opinion, the Ninth took a (largely unintelligible) stab at the Decamps issue: how to deal with a state prior conviction that is missing an element of a generic federal offense. [read post]
12 Nov 2012, 7:28 am
“Huba” has been in the thick of dozens interesting and novel defense challenge over past couple of decades – from Apprendi and the drug statutes (Buckland), to grand jury instructions (Navarro-Vargas), to the timing of Giglio disclosures (Ruiz), to the formidable Aguila-Montes de Oca litigation now destined for the Supremes. [read post]
2 Sep 2012, 10:18 am
To revisit the long, strange trip of Aguila Montes de Oca, before the Supremes take it up next term, visit the blog collection here. [read post]
31 Aug 2012, 9:31 am
Aguila-Montes De Oca, 655 F.3d 915 (9th Cir. 2011), (En Banc) that a state conviction for burglary where the statute is missing an element of the generic crime, may be subject to the modified categorical approach, even though most other Circuit Courts of Appeal would not allow it.Question 2, which the Court turned down, was the Almendarez-Torres question. [read post]
19 Aug 2012, 11:11 am
Steve Hubachek brings home a big win for Aguila Montes de Ocajurisprudence. [read post]
17 Aug 2012, 2:35 pm
Aguila-Montes de Oca. [read post]
6 Aug 2012, 7:44 am
ESPARRAGOZA GASTELUM, Juan Ignacio, Avenida de la Patria No. 685 Interior 1, Fraccionamiento Jardines Universidad, Zapopan, Jalisco, Mexico; Calle Gutierrez Zamora No. 223, Fraccionamiento Las Aguilas, Delegacion Alvaro Obregon, Mexico City, Distrito Federal C.P. 01020, Mexico; DOB 12 Nov 1972; POB San Luis Rio Colorado, Sinaloa, Mexico; R.F.C. [read post]
22 Jun 2012, 9:48 am
" Aguila-Montes, 655 F.3d at 944. [read post]
10 Jun 2012, 1:34 pm
Two Ninth judges have taken a particular interest in the topic: the Honorable Jay Bybee (author of the fractured Aguila Montes de Oca decision), and the Honorable Milan Smith, author of Leal-Vega.Judge M. [read post]
17 Sep 2011, 6:09 am
Prophetically, his only question at the Aguila en banc argument was how eliminating Navarro-Lopez would affect sex crimes).Tafoya-Montelongo is an aftershock of the Aguila Montes de Oca quake, is laced with Aguila cites, and recites the modified categorical approach described in Aguila to find that this Utah sex-with-a-minor offense qualifies as a crime of violence. [read post]
19 Aug 2011, 3:51 pm
Those Aguila votes, and Judge N.R. [read post]
14 Aug 2011, 2:52 pm
Aguila-Montes de Oca authored by Judge Jay Bybee. [read post]
13 Aug 2011, 7:13 am
Aguila Montes de Oca, 2011 WL 3506442 (9th Cir. [read post]
12 Aug 2011, 8:40 am
Aguila-Montes de Oca, No. 05-50170 (8-11-11) (en banc) (per curiam). [read post]
18 Jun 2011, 2:51 pm
Still no word, yet, on whether a California first degree burglary conviction is a "crime of violence" for the illegal reentry guideline -- still waiting for both Aguila Montes de Oca and Godot. [read post]
