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hearingpleafelonyprobation
hearingpleafelonyprobation

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Valencia v. Gonzales

Facts

On May 29, 1997, Valencia pleaded guilty to a felony violation of California Penal Code section 261.5(c). The imposition of his sentence was suspended for a period of five years, during which time he was placed on probation on the condition that he serve one year in the county jail. At the change of plea hearing, the judge specifically advised, and Valencia acknowledged, that this conviction could be used to deport him. Valencia was charged in the notice to appear with being removable as an aggravated felon for committing sexual abuse of a minor under 8 U.S.C. 1101(a)(43)(A), and for committing a crime of violence under 8 U.S.C. 1101(a)(43)(F).

On May 29, 1997, Valencia pleaded guilty to a felony violation of California Penal Code section 261.5(c). The imposition of his sentence was suspended for a period of five years, during which time he was placed on probation on the condition that he serve one year in the county jail. At the change of plea hearing, the judge specifically advised, and Valencia acknowledged, that this conviction could be used to deport him. Valencia was charged in the notice to appear with being removable as an aggravated felon for committing sexual abuse of a minor under 8 U.S.C. 1101(a)(43)(A), and for committing a crime of violence under 8 U.S.C. 1101(a)(43)(F).

Issue

Whether a violation of California Penal Code 261.5(c) constitutes a crime of violence under 18 U.S.C. 16.

Whether a violation of California Penal Code 261.5(c) constitutes a crime of violence under 18 U.S.C. 16.

Rule

Under the 'categorical approach' laid out in Taylor v. United States, a violation of section 261.5(c) qualifies as a crime of violence and hence as an aggravated felony 'if and only if the full range of conduct covered by it falls within the meaning of that term.'

Under the 'categorical approach' laid out in Taylor v. United States, a violation of section 261.5(c) qualifies as a crime of violence and hence as an aggravated felony 'if and only if the full range of conduct covered by it falls within the meaning of that term.'

Analysis

The court determined that California Penal Code 261.5(c) does not have as an element the use, attempted use, or threatened use of violent physical force against the person or property of another. Therefore, under the Taylor categorical approach, the court considered whether the full range of conduct covered by section 261.5(c) involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. The court concluded that it does not.

The court determined that California Penal Code 261.5(c) does not have as an element the use, attempted use, or threatened use of violent physical force against the person or property of another. Therefore, under the Taylor categorical approach, the court considered whether the full range of conduct covered by section 261.5(c) involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. The court concluded that it does not.

Conclusion

The court granted the petition for review and held that a violation of California Penal Code 261.5(c) does not constitute a crime of violence under 18 U.S.C. 16.

The court granted the petition for review and held that a violation of California Penal Code 261.5(c) does not constitute a crime of violence under 18 U.S.C. 16.

Who won?

Petitioner, Valencia, prevailed in the case because the court found that his conviction did not meet the criteria for being classified as a crime of violence under federal law.

Petitioner, Valencia, prevailed in the case because the court found that his conviction did not meet the criteria for being classified as a crime of violence under federal law.

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