The modified categorical approach is categorically modified in
the 9th Circuit  By: Jonathan MontagJ.D.  On August 11, 2011,
the 9th Circuit Court of Appeals published another en banc
blockbuster, U.S. v. Aguila-Montes de Oca authored by Judge Jay
Bybee. The case addresses the modified categorical approach of
statutory analysis. The use of the approach arises when a court
needs to figure out if a state criminal conviction fits a
federal definition of say, a crime of violence or a burglary or
a crime of domestic violence or sexual abuse of a minor or a
drug trafficking offense, etc., but the state criminal statute
includes elements that fit the definition and elements that do
not, commonly referred to as a divisible statute.  For example,
California Health and Safety Code § 11352(a) states:  Except as
otherwise provided in this division, every person who
transports, imports into this state, sells, furnishes,
administers, or gives away, or offers to transport, import into
this state, sell, furnish, administer,