What is the test for determining whether a state crime is a match with a generic crime?
MultiRegion, United States of America
The following excerpt is from United States v. Molinar, 881 F.3d 1064 (9th Cir. 2017):
Under the categorical approach, when an offense is enumerated, we "compare the elements of the statute forming the basis of the defendant's conviction with the elements of the generic crimei.e. , the offense as commonly understood." Descamps v. United States , 570 U.S. 254, 133 S.Ct. 2276, 2281, 186 L.Ed.2d 438 (2013). The state crime is a match only if its "elements are the same as, or narrower than, those of the generic offense." Id.
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