What is the current state of the law when a defendant is convicted of a criminal offence under a Divisible statute?
MultiRegion, United States of America
The following excerpt is from Harbin v. Sessions, 860 F.3d 58 (2nd Cir. 2017):
For divisible statutes, we instead apply the modified categorical approach. That approach permits consideration of certain materials that reveal which of a statute's separate offenses served as the basis for the defendant's conviction. See Descamps v. United States , U.S. , 133 S.Ct. 2276, 228384, 186 L.Ed.2d 438 (2013).
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