United States Ninth Circuit

Affirming a conviction and sentence for a Violent Crime in Aid of Racketeering holding that the district court erred in instructing the jury, but the error was harmless, the deletion of a residual clause in the sentencing guideline was substantive rather than clarifying and that the residual clause applied to a defendant who was sentenced prior to the amendment, and that Hawaii convictions for unlawful imprisonment in the first degree and burglary in the first degree qualify as crimes of violence under the residual clause.

Appellate Information

• Published 2018/03/05

Judges

• NELSON

Court

• United States Ninth Circuit

Counsel