Case Citator › United States v. Aguila-Montes de Oca

United States v. Aguila-Montes de Oca

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
655 F.3d 915
Decided
Confirmed treatments
1
Flagged citations read
72 of 72
Citing cases (total)
187
Treatment dates
2013
Overruled in part
A reviewed court has overruled part of this case’s holding. United States v. Aguila-Montes de Oca is overruled in part. All 72 flagged citations have been read.
More on how this was screened

The one confirmed treatment listed below is the Supreme Court's rejection of its rule allowing the modified categorical approach for an indivisible statute broader than the generic crime. The separate conclusion that this defendant's California burglary conviction did not qualify as generic burglary was not the rule Descamps rejected. Later courts' “abrogated by Descamps” parentheticals report the Supreme Court's act and are not separate treatments.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

187 later cases cite United States v. Aguila-Montes de Oca; 72 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • The Supreme Court rejected Aguila-Montes's modified categorical approach for indivisible statutes.

    Descamps v. United States · Supreme Court of the United States · filed

    The Court of Appeals took a different view. Dismissing everything we have said on the subject as "lack[ing] conclusive weight," the Ninth Circuit held in Aguila-Montes that the modified categorical approach could turn a conviction under any statute into an ACCA predicate offense. ... By this point, it should be clear that the Ninth Circuit's new way of identifying ACCA predicates has no roots in our precedents. But more: Aguila-Montes subverts those decisions, conflicting with each of the rationales supporting the categorical approach and threatening to undo all its benefits.
    Read the full opinion on CourtListener →

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