PC 417.3, 417.8

PC 417.3, 417.8

Offense

Exhibit firearm threatening manner so V reason-ably could fear, or to evade arrest

Aggravated Felony (AF)

Get 364 days or less to avoid AF as COV.1Bolanos v. Holder, 734 F.3d 875 (9th Cir. 2013) (Pen C § 417.3 is a COV under 18 USC § 16(a)), distinguishing Covarrubias Teposte v. Holder, 632 F.3d 1049 (9th Cir.2011); Reyes-Alcaraz v. Ashcroft, 363 F.3d 937, 941 (9th Cir. 2004) (Pen C § 417.8 is a crime of violence). To avoid 1-yr sentence, see § N.4 Sentence

Crime Involving Moral Turpitude (CIMT)

Assume CIMT

Other Removal Grounds

See PC 417(a)(2)

Advice and Comments

Misd firearms offense is a “significant misd” for DACA; see Advice at PC 25400.

See PC 417, 240, for better plea.

2020-05-19T18:44:12+00:00Updated January 29th, 2020|