United States v. George Garibay

MEMORANDUM **

We reject George Garibay’s contention that attempted murder under California law is not a “crime of violence” for the purposes of the Sentencing Guidelines’ career offender provision. U.S.S.G. § 4B1.1 (2015). The commentary to the “crime of violence” definition in § 4B1.2 lists attempted murder among the enumerated offenses that qualify as crimes of violence.

The kill zone theory does not render attempted murder under California law broader than the generic form of the offense. The elements of both the California and the generic form of attempted murder include a specific intent…