Bejarano-Urrutia v. Gonzales,
413 F.3d 444 (4th Cir. July 5, 2005) (Virginia conviction
for simple involuntary manslaughter, in violation of Va. Code
Ann. § 18.2-36 (2004), which requires the killing of a person
as a proximate result of the defendants reckless disregard
for human life, did not constitute a crime of violence aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
18 U.S.C. § 16, because the conclusion of the court in Leocal
v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377 (Nov. 9, 2004) that
"[i]n no ordinary or natural sense can it be said that
a person risks having to use physical force against another
person in the course of operating a vehicle while intoxicated
and causing injury," id. at 383, strongly indicates that
the result in Leocal would have been the same even had a violation
of the statute there at issue required recklessness rather
than mere negligence).