United States v.
Villanueva-Gaxiola, 119 F.Supp.2d 1185 (D.Kan. Sept. 26, 2000)
(California conviction for unlawful possession of short-barreled
shotgun, in violation of California Penal Code § 12020, was
not an aggravated felony as a crime of violence, under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since it had no
element of the use, attempt, or threat of violence under 18
U.S.C. § 16(a), and since it is a felony-misdemeanor statute,
that "encompasses misdemeanor offenses, it cannot meet
the definition of crime of violence in 18 U.S.C. § 16(b),"
for purposes of U.S.S.G. § 2L1.2(b)(1)(A) 16-level sentence
enhancement for illegal re-entry, even though defendant in
fact received 16-month state prison sentence in state case).