The first prong of the aggravated felony crime of violence definition includes “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another . . . .”[377]  This definition therefore lists the following offenses: (a) substantive offenses with an element of the use of force, (b) attempted use of force, and (c) threatened use of force.  By expressly listing, in addition to the substantive offense of use of force, the two non-substantive offenses of attempt and threat to use force, Congress indicated that any other non-substantive offenses were excluded from this definition.  Because Congress expressly included conspiracy elsewhere in the aggravated felony definition,[378] however, it is included in this definition as well.  All of the other non-substantive offenses, however, are excluded from this definition.  See § 7.7(B), supra.

[377] 18 U.S.C. § 16(a) (emphasis supplied).

[378] INA § 101(a)(43)(U), 8 U.S.C. § 1101(a)(43)(U).

AGGRAVATED FELONY - CRIME OF VIOLENCE
United States v. Mosley, 575 F.3d 603 (6th Cir. Jul. 23, 2009) (Michigan conviction of resisting and obstructing a police officer, under Mich. Comp. Laws 750.81d(1) ("assaults, batters, wounds, resists, obstructs, opposes, or endangers a person whom the individual knows or has reason to know is performing his or her duties."), is not a crime of violence for purposes of the Armed Career Criminal Act, since obstructing does not contain an element of force or create a substantial risk that force will be used in committing the offense).

Second Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - POSSESSION OF A WEAPON
United States v. Gamez, 577 F.3d 394 (2d Cir. Aug. 20, 2009) (New York conviction for violation of Penal Law 265.03, second degree possession of a weapon, is not a crime of violence for illegal re-entry sentencing purposes).

Third Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - SIMPLE ASSAULT
United States v. Otero, __ F.3d __ 2007 WL 2610412 (3d Cir. Sept. 12, 2007) (Pennsylvania conviction of simple assault, in violation of 18 Pa. Cons.Stat. Ann. 2701(a) (2003), is not necessarily a crime of violence for illegal re-entry sentencing purposes since the offense does not necessarily require proof of the use of force when causing "bodily injury."), applying reasoning of Popal v. Gonzales, 416 F.3d 249, 254 (3d Cir. 2005) (same statute is not necessarily an aggravated felony crime of violence) to the sentencing context.

Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE
United States v. Williams, 610 F.3d 271 (5th Cir. Jun. 24, 2010) (leaving aliens locked in truck trailer without air conditioning did not establish intent required for "act of violence" sufficient to warrant imposition of life sentence for death of immigrants, since act did not involve use of force).

AGGRAVATED FELONY - CRIME OF VIOLENCE - USE OF FORCE
United States v. Villegas-Hernandez, __ F.3d __, 2006 WL 3072558 (5th Cir. Oct. 31, 2006) (Texas conviction for violation of Penal Code 22.01(a), assault, is not an aggravated felony crime of violence for illegal re-entry sentencing purposes since the statute may be violated without the perpetrator using force against the victim).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540988cr0p.pdf

Seventh Circuit

AGGRAVATED FELONY " CRIMES OF VIOLENCE " COMMITTING FELONY WHILE ARMED
Brown v. Rios, 696 F.3d 638, *644 (No. 11-1695) (7th Cir. Aug. 20, 2012) (armed violence, defined as "committing any felony defined by Illinois Law while armed," did not qualify as a Violent Felony when the underlying felony consisted of simple possession of drugs; while there is evidence of a connection between Congresss attempt to keep firearms away from habitual drug users and its goal of reducing violent crime, United States v. Yancey, 621 F.3d 681, 686 (7th Cir. 2010), it has not been shown that the mere possession of a gun by a drug user . . . can be described as purposeful, violent, or aggressive conduct within the meaning of Begay.).

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT WITH A DEADLY WEAPON
United States v. Jimenez-Arzate, 553 Fed.Appx. 700 (9th Cir. Jan. 24, 2014), panel rehearing granted, Jul. ___, 2014, ___ F.3d ___ (9th Cir. 2014) (California conviction for assault with a deadly weapon, in violation of Penal Code 245(a), is an aggravated felony crime of violence), rehearing granted since this conviction may no longer be a categorical match for the aggravated felony crime of violence definition, in light of the recent Ninth Circuit en banc decision in Ceron v. Holder, 747 F.3d 773 (9th Cir. Mar. 31, 2014). Thanks to Kara Hartzler.

AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT ON OFFICER
United States v. Dominguez-Maroyoqui, 748 F.3d 918 (9th Cir. Apr. 7, 2014) (federal conviction for assaulting a federal officer, in violation of 18 U.S.C. 111(a), is not categorically a crime of violence for illegal re-entry sentencing purposes, since the offense does not require, as an element, proof that defendant used, attempted to use, or threatened to use physical force).

Lower Courts of Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " ESCAPE FROM CUSTODY
United States v. Simmons, 782 F.3d 510 (9th Cir. Apr. 3, 2015) (Hawaii conviction of second-degree escape from custody, in violation of Hawaii Revised Statutes 710"1021, did not categorically constitute a crime of violence, under U.S. Sentencing Guidelines (Sentencing Guidelines or U.S.S.G.) 4B1.1(a), because it includes both active and passive forms of escape); see Chambers v. United States, 555 U.S. 122, 126"27, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009).

Tenth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - CALIFORNIA ROBBERY DID NOT QUALIFY AS GENERIC ROBBERY UNDER GUIDELINES
United States v. Servin-Acosta, 534 F.3d 1362 (10th Cir. Jul. 30, 2008) (California conviction for robbery, in violation of Penal Code 211, is not categorically a generic "robbery" offense, and thus a crime of violence, under USSG 2L1.2(b), for illegal re-entry sentencing purposes; Penal Code 211 is broader than generic robbery in that it includes the use of force in escaping after the taking has occurred), agreeing with United States v. Becerril-Lopez, 528 F.3d 1133, 1140-42 (9th Cir. 2008).

AGGRAVATED FELONY - CRIME OF VIOLENCE
United States v. Rodriguez-Enriquez, 518 F.3d 1191 (10th Cir. Mar. 10, 2008) (Colorado conviction for assault two (drugging a victim), in violation of Colo.Rev.Stat. Ann. 18-3-203(1)(e) (2001), is not a crime of violence for illegal re-entry sentencing purposes, since drugging by surreptitious means does not involve the use of physical force).

Eleventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - AGGRAVATED STALKING
United States v. Esquivel-Arellano, ___ F.3d ___, 2006 U.S. App. LEXIS 29538 (11th Cir. Nov. 30, 2006) (Georgia conviction of aggravated stalking, in violation of G.S.A. 16-5-91, prohibits a wide range of conduct and does not categorically constitute a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A)(ii)).

Other

AGGRAVATED FELONY - CRIME OF VIOLENCE
Attorney General Opinion, Opinions from Office of Legal Counsel, Vol. 31, May 17, 2007 ("A "misdemeanor crime of domestic violence" under 18 U.S.C. 922(g)(9) is limited to those offenses of which the use or attempted use of physical force or the threatened use of a deadly weapon is an element that is, a factual predicate specified by law and required to support a conviction. Where the legal definition of the crime at issue contains a disjunctive element (which requires proof of only one of multiple specified factual predicates), only one subpart of which requires the use or attempted use of physical force or the threatened use of a deadly weapon, application of the prohibition in section 922(g)(9) will turn on whether the fact finder found that the subpart meeting the "misdemeanor crime of domestic violence" definition had been proved (or whether the defendant pleaded guilty to that subpart). The answer to that question may be gleaned from the record of conviction or the supporting record of proceedings in the court of conviction. Police reports cannot answer that question. The above interpretations also govern background checks by the Federal Bureau of Investigation for firearms transfers under the National Instant Background Check System, but additional materials, including police reports, may be relied upon by the NICS for certain limited purposes.")

SAFE HAVEN " AGGRAVATED FELONY " CRIME OF VIOLENCE
People v. Wolcott, 34 Cal.3d 92, 99-100, 665 P.2d 520 (July 7, 1983) (California conviction of robbery, in violation of Penal Code 211, does not require as an element either an attempt to inflict a violent injury, or the present ability to do so: it is defined by statute as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. (Pen.Code, 211.) The fear which induces the victim to part with his property may be either: (1) The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or (2) The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery. (Pen.Code, 212.) Although a threat to injure the victim personally may involve an assault, a threat to injure his relatives, family members, or companions would not necessarily take that form. And it is clear that a threat to damage the victim's property, or the property of a relative, family member, or companion, would not come within the statutory definition of assault.).