What is the current state statute defining a crime of conviction based on a categorical approach?

MultiRegion, United States of America

The following excerpt is from United States v. Townsend, 897 F.3d 66 (2nd Cir. 2018):

modified categorical approach. Mathis v. United States , U.S. , 136 S.Ct. 2243, 2248-49, 195 L.Ed.2d 604 (2016). Which approach a court takes turns on whether the state statute defining the crime of conviction is divisible or indivisible. Id. at 2249.

Other Questions


What is the current state of the law on the "modified categorical approach" used by courts to determine whether a defendant was convicted of a crime based on a set of elements? (MultiRegion, United States of America)
What are the elements of the federal crime of attempted possession with intent to distribute and the state-defined crime of purchasing cocaine base for purposes of sale? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his confinement in a state prison? (MultiRegion, United States of America)
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)
What is the current state of the law when it comes to determining the elements of a criminal conviction based on a single crime? (MultiRegion, United States of America)
What is the current state of the law on a categorical approach to sentencing enhancements under Section 3559(e)? (MultiRegion, United States of America)
What is the current state of the law on exclusion of a convicted criminal who has served his sentence for a serious crime? (Canada (Federal), Canada)
Can a borrowed state statute of limitations be tolled in a claim based on a federal statute? (MultiRegion, United States of America)
What is the current state of the law on whether a state conviction "relates" to aggravated sexual abuse sexual abuse, or abusive sexual conduct involving a minor or ward? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.