The First Circuit has determined that Massachusetts carjacking does not categorically qualify as a crime of violence under the career-offender guideline. The defendant challenged his enhanced sentence, arguing that the Massachusetts offense can be committed without the level of violent force required by the federal force clause.
The Court agreed, finding that Massachusetts assault can be committed by an offensive touching and that the carjacking statute’s additional elements did not necessarily require violent physical force. Although the case arose in the criminal sentencing context, the categorical analysis may be useful to immigration practitioners assessing Massachusetts carjacking convictions in removal proceedings.
The full text of United States v. Pimental can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1910P-01A.pdf