The Ninth Circuit issued two published criminal decisions today. Neither case is particularly relevant to our day-to-day practice.
First, in United States v. Ramirez-Muniz, --- F.3d ---, No. 15-10560 (9th Cir. 2017), the Court held that Cal. Penal Code
§ 192(a) matches the generic definition of “manslaughter”
and is therefore categorically a crime of violence under the old version of § 2L1.2(b)(1)(A)(ii).
As the opinion states, "Amendments effective November 1, 2016, eliminated the language of
U.S.S.G. § 2L1.2 at issue in the instant appeal."
Of note, the opinion does not impact the Court's prior precedent holding that Cal. Penal Code § 192(a) is not crime of violence under 18 U.S.C.
§ 16's residual clause. Instead, the opinion based its conclusion on the fact that manslaughter was an enumerated offense under section 2L1.2.
Second, in United States v. Harris, --- F.3d ---, No. 16-10152 (9th Cir. 2017), the Court held that when a defendant owes restitution and is the beneficiary of a discretionary support trust, the government can obtain a writ
of continuing garnishment for any distribution from the that trust until restitution is satisfied.
