United States v. Reyes-Castro,
13 F.3d 377 (10th Cir. Dec. 30, 1993) (Utah conviction of
attempted sexual abuse of child, in violation of Utah Code
Ann. § 76-5-404.1(1) (1990), was crime of violence under 18
U.S.C. § 16(b), and thus an aggravated felony under INA
101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of
deportation of noncitizen, even if actual physical force was
not used, as crime involved nonconsensual act upon another
person, which necessarily included substantial risk that physical
force would be used).
jurisdiction:
Tenth Circuit