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Keywords

statutemotionfelonymotion to dismiss
statutefelony

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Morales-Landa; U.S. v.

Facts

Morales-Landa was convicted under Utah Code 76-5-404.1(2) for sexual abuse of a child, which includes non-sexual conduct such as kicking a boy's genitals. The district court initially found that this conviction constituted an aggravated felony under 8 U.S.C. 1101(a)(43)(A). However, the Ninth Circuit examined the statute and determined that it was broader than the generic definition of sexual abuse of a minor, leading to the application of the modified categorical approach.

Morales-Landa was convicted under Utah Code 76-5-404.1(2) for sexual abuse of a child, which includes non-sexual conduct such as kicking a boy's genitals.

Issue

Did the district court properly apply the modified categorical approach to the intent element of the crime of sexual abuse of a child for the purpose of determining whether Morales-Landa had committed an aggravated felony?

Did the district court properly apply the modified categorical approach to the intent element of the crime of sexual abuse of a child for the purpose of determining whether Morales-Landa had committed an aggravated felony?

Rule

A statute is only divisible if it 'sets out one or more elements of the offense in the alternative' instead of listing multiple means of achieving the same element.

A statute is only divisible if it 'sets out one or more elements of the offense in the alternative' instead of listing multiple means of achieving the same element.

Analysis

The Ninth Circuit analyzed the Utah statute and concluded that it criminalizes conduct that is not necessarily sexual, thus making it broader than the generic definition of sexual abuse of a minor. The court determined that the intent element in the statute was not divisible, meaning the modified categorical approach was not applicable. This led to the conclusion that Morales-Landa's conviction did not qualify as an aggravated felony.

The court then applied the modified categorical approach because it erroneously found Utah's statute to be divisible.

Conclusion

The Ninth Circuit reversed the district court's denial of Morales-Landa's motion to dismiss his indictment for illegal reentry, stating that the entry of his removal order was fundamentally unfair.

Given that the intent element in Utah Code 76-5-404.1(2) is not divisible, the statute is not amenable to the modified categorical approach.

Who won?

Morales-Landa prevailed in the case because the Ninth Circuit found that his conviction did not constitute an aggravated felony under federal law, leading to the reversal of the district court's decision.

Morales-Landa prevailed in the case because the Ninth Circuit found that his conviction did not constitute an aggravated felony under federal law.

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