Tang v. Holder (unpub)
July 21, 2010
**Arson/Or. Rev. Stat. § 164.325. COV/ag. fel**
Assuming (as the parties do) that Or. Rev. Stat. § 164.325 does not categorically qualify as a crime of violence, Tang’s conviction for first degree arson constituted an aggravated felony under the modified categorical approach. The judgment makes clear that Tang was found guilty of the crime in Count 1 of the indictment, which mirrors subsection 1(a) of § 164.325. This means the cour tfound that by starting the fire, Tang intentionally damaged the property of someone else. This constitutes a crime of violence under 18 U.S.C. § 16.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/21/09-71507.pdf
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