Delgado-Hernandez v. Holder
September 9, 2009
*Kidnapping under CPC section 207(a) categorically a crime of violence)*
While kidnapping under California Penal Code section 207(a) is not categorically a crime a violence as defined under Title 18 U.S.C. 16(a), it is a crime of violence under section 16(b). The act can be committed by “instilling fear” instead of by force, however, “in the ordinary case force will be present and . . . all kidnapping cases carry a substantial risk that force will be used.”
http://www.ca9.uscourts.gov/datastore/opinions/2009/09/09/08-70789.pdf
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