U.S. v. Aguilar-Ramos, 2016 WL 1599775 (4/21/16) (N.M.) (unpub'd) - The 10th holds that California robbery in violation of Cal Penal Code § 211 is a "crime of violence" under § 2L1.2, even under the force part of § 211. The 10th rejects Mr. Aguilar-Ramos's attempt to distinguish the 10th's previous unfavorable decision regarding § 211 in U.S. v. Castillo, 811 F.3d 342 (10th Cir. 2015), on the grounds that Castillo only addressed § 211's fear part.

United States v. Castillo, 2015 WL 8774441 (12/15/2015)(published)(UT): The panel finds there is no “one-crime of violence limit . . . in the Guidelines.” Castillo argued that his robbery conviction under California Penal Code § 211 was not a crime of violence as defined in USSG § 2L1.2. He said that § 211 sweeps more broadly than the generic crime of robbery because taking by fear includes a fear of unlawful injuries to property as well as to people.

In an order released earlier this week, a judge in the U.S. District Court for the District of Arizona held that the INA’s mandatory detention provision, INA § 236(c), does not apply to offenses committed before October 1, 1998. Cal. Penal Code § 211, and attempted robbery in the second degree, Cal Penal Code §§ 211, 664. Both of these offense were enhanced for use of a firearm. The LPR served 2.5 years of a five year sentence.