The following excerpt is from United States v. Ontiveros, No. 2:18-cr-00175-TLN (E.D. Cal. 2020):
"An overbroad and indivisible statute does not constitute a generic crime." Id. "A state offense qualifies as a generic offense . . . if the full range of conduct covered by [the state statute] falls within the meaning of the generic offense." Id. (quoting United States v. Alvarado-Pineda, 774 F.3d 1198, 1202 (9th Cir. 2014) (insertion retained)).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.