Ninth Circuit

SAFE HAVEN - AGGRAVATED FELONY - CRIME OF VIOLENCE - FALSE IMPRISONMENT
United States v. Hernandez-Hernandez, ___ F.3d ___, ___ n.5, 2005 WL 3440815 (9th Cir. Dec. 16, 2005) (California conviction of felony false imprisonment, in violation of Penal Code 236, constitutes a divisible statute, encompassing some offenses that constitute crimes of violence within the meaning of U.S.S.G. 2L1.2(b)(1)(A)(ii), and some that do not; if defendant was or might have been convicted of committing false imprisonment by fraud or deceit, the conviction would not fall within the crime of violence portion of the divisible statute, for purposes of assessing a 16-level increase in base offense level for illegal reentry).