Lawful permanent resident was convicted of forging a check in the amount of greater than $10,000 and sentenced to four months imprisonment. In removal proceedings, the Immigration Judge and BIA found him removable as an aggravated felon, and he appealed. The definition of aggravated felony, 18 U.S.C. § 1101(a)(43), contains two provisions that appear to be in conflict as they apply to the case. Subsection (M)(i) states that an offense "that involves fraud or deceit in which the loss to the victim exceeds $10,000" is an aggravated felony, whereas subsection (R) states that "an offense relating to . . . forgery . . . for which the term of imprisonment is at least one year" is an aggravated felony. The alien argued that the provision relating specifically to forgery should apply to him.
The Third Circuit rejected the alien’s argument and determined that he was an aggravated felon. Bobb v. Attorney General, No. 05-2891, 2006 WL 2193065 (3d Cir. Aug. 3, 2006). While it found the alien’s statutory construction argument "inviting," it concluded that Congress intended that both provisions be given broad reach. Reasoning that someone can commit an offense "related to forgery" without necessarily intending to defraud or deceive, the Court concluded that giving both provisions broad reach did not render either provision surplusage. The Court also rejected the alien’s argument that his was a "hybrid" offense (which would require all requirements of both provisions to be met), because the hybrid offense analysis applies only where the specific provision (in this case forgery) is a lesser included offense of the broader category (offense involving fraud or deceit).
Case summaries and commentary on recently decided criminal law cases in the Third Circuit provided by Federal Defenders and CJA Panel Attorneys.
Subscribe to:
Post Comments (Atom)
Amendment 801 to § 2G2.2(b)(3)(F) is a substantive change to the Guidelines, and does not apply retroactively under § 2255
United States v. Maximus Prophet , 2021 WL 800384 (Mar. 3, 2021), https://www2.ca3.uscourts.gov/opinarch/183776p.pdf Prior to...

-
Section 18 U.S.C. §3147(1) provides that if a person is convicted of an offense while under pretrial release, then in addition to the senten...
-
In United States v. Raul Rodriguez , Nos. 18-1606 and 18-1664 (3d Cir., May 1, 2019), Defendant pled guilty one count each of Hobbs Act ...
-
In United States v. James, No. 18-2569 (June 27, 2019), the Court of Appeals, through an opinion by Judge Jordan, affirmed the denial of de...

No comments:
Post a Comment
Note: Only a member of this blog may post a comment.