Ng v. Attorney General, 436 F.3d 392 (3d Cir.
Feb. 7, 2006) (federal conviction of use of interstate commerce
facilities in the commission of a murder-for-hire, in violation
of 18 U.S.C. § 1958, constitutes a crime of violence aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)
for purposes of removal, because it "poses a substantial
risk that physical force will be used against another,"
even though the putative hitman had no intent to murder: "That
some violations of § 1958 will never culminate in an actual
agreement or the commission of a murder does not alter our
view that the natural consequence of using interstate commerce
facilities in the commission of a murder-for-hire is that
physical force will be used upon another.", citing United
States v. Luskin, 926 F.3d 372, 379 (4th Cir. 1991) (use of
interstate commerce facilities in the commission of a murder-for-hire
under 18 U.S.C. § 1952A, the predecessor statute to 1958,
constitutes a crime of violence); United States v. Cox, 74
F.3d 189, 190 (9th Cir. 1996) (conviction for soliciting the
murder of wife constitutes a "crime of violence"
under U.S.S.G. § 4B1.2, which defines a crime of violence
as "conduct that presents a serious potential risk of
physical injury to another").

jurisdiction: 
Third Circuit

 

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