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A Criminal History Update

This document provides updates on significant legal rulings regarding second-degree assault in Maryland, highlighting that it is categorically not considered a crime of violence (COV) under various guidelines, such as 2L1.2 and Career Offender. It discusses the ongoing application of the modified categorical approach and pending decisions in the Fourth Circuit, particularly concerning cases like Bailey, Cabrera-Umanzor, and others that await ruling until the Descamps decision is clarified.

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A Criminal History Update

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  1. A Criminal History Update May 10, 2013 Joanna Silver Staff Attorney joanna_silver@fd.org

  2. Second Degree Assault in the District of Maryland • Categorically Not a COV Under 2L1.2’s “Use of Force” Clause – Blake; Motz • Categorically Not a COV Under the Career Offender GL (no mention of “otherwise” vs. “use of force” clauses) – Bredar; Motz, Bennett • Categorically Not a COV Under 2K2.1 (expressly considered under both “use of force,” and “otherwise” clauses) –Chasanow • Still Applying the Modified Categorical Approach – Hollander, Messitte • Postponing a Decision Pending Descamps – Titus • Issue Pending in a Habeas Petition –Garbis

  3. Pending Cases Re: Categorical vs. Modified Categorical Approach • Descamps – USC • Bailey; Barrillas; Royal – held in abeyance by the 4th Cir. pending Descamps • Cabrera-Umanzor; Aparicio-Soria; Lemus-Diaz; Rosas-Rosas; Martin – pending in the 4th Cir. and anticipate no ruling until Descamps

  4. Good Published Cases Post-Gomez • Moncrieffe v. Holder, --SC--, 2013 WL1729220 (April 23, 2013) • United States v. Rangel-Castaneda, 709 F. 3d 373 (4th Cir. 2013) • But see, Mondragon v. Holder, 706 F.3d 535 (4th Cir. 2013)

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