Vargas v. Dep't of Homeland Sec., ___ F.3d ___ 2006 WL 1689293 (10th Cir. Jun. 21, 2006) (Colorado conviction of contributing to the delinquency of a minor, in violation of CRS 18-6-701, may be violated by encouraging a child to violated any state law, from jaywalking to murder; since conviction under this statute requires proof, as an element of the offense, of a specified predicate offense, it was proper to look to the charging document to determine the predicate offense; violation of CRS 18-6-701 where the predicate offense was a violation of C.R.S. 18-3-404(1)(A), unlawful sexual contact with a minor, constitutes an aggravated felony).

NOTE: Because the statute at issue in this case required proof of a specified predicate offense, this offense is similar to a "target" offense in the CMT context (i.e. burglary, which is only a CMT if the burglary was committed with intent to commit burglary). The unique nature of this statute also allowed examination of the record of conviction despite the fact that the language of the statute itself was not divisible.