AGGRAVATED FELONY - CRIME OF VIOLENCE - MANSLAUGHTER
Vargas-Sarmiento v. US Dept Of Justice, __ F.3d __ (2d Cir. May 8, 2006) (New York conviction of first-degree manslaughter committed with intent to cause serious physical injury or death, in violation of N.Y. Penal Law 125.20(1) or (2), constitutes a crime of violence under 18 U.S.C. 16(b), and therefore an aggravated felony for immigration purposes; convictions under other portions of the statute may not qualify as crimes of violence). http://caselaw.lp.findlaw.com/data2/circs/2nd/040241p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 U.S.C. 16(b) - ASSAULT ON A POLICE OFFICER
Canada v. Gonzales, ___ F.3d ___, 2006 WL 1367367 (2d Cir. May 18, 2006) (Connecticut conviction for assault on a police officer, in violation of Conn. Gen. Stat. 53a-167c(a)(1) (causing physical injury to police officer with intent to prevent performance of duty), constituted a crime of violence, under 18 U.S.C. 16, and therefore an aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), triggering deportation).
AGGRAVATED FELONY - CRIME OF VIOLENCE - BURGLARY
United States v. Valdez-Maltos, __ F.3d __, 2006 WL 766601 (5th Cir. Mar. 27, 2006) (Texas conviction of burglary of a habitation, is a crime of violence for illegal re-entry sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540869cr0p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - DISCHARGE OF A FIREARM
Quezada-Luna v. Gonzalez, __ F.3d __, 2006 WL 508716 (7th Cir. Mar. 3, 2006) (Illinois conviction of aggravated discharge of a firearm, in violation of 720 ILCS 5/24-1.2(a)(1), is an aggravated felony crime of violence for immigration purposes, because the offense required discharge of firearm into a building with reasonable knowledge that building was occupied, and therefore involved substantial risk of physical force against the person or property of another).
AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT WITH A FIREARM
United States v. Diaz-Arguenta, __ F.3d __, 2006 WL 1320033 (9th Cir. May 16, 2006) (California conviction for assault with a firearm, in violation of California Penal Code 245(a)(2) is a crime of violence for illegal re-entry sentencing purposes, even though the offense may not qualify as an aggravated felony).
AGGRAVATED FELONY - CRIME OF VIOLENCE - ESCAPE FROM HALFWAY HOUSE NOT CRIME OF VIOLENCE FOR FEDERAL ARMED CAREER OFFENDER ENHANCEMENT PURPOSES
United States v. Piccolo, 441 F.3d 1084 (9th Cir. Apr. 3, 2006) (Escape conviction under 18 U.S.C. 751(a), which includes failure to return to a non-secured halfway house, is not necessarily a crime of violence for federal armed career offender sentencing purposes). http://caselaw.lp.findlaw.com/data2/circs/9th/0410577p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - SHOOTING AT AN OCCUPIED MOTOR VEHICLE
United States v. Lopez-Torres, ___ F.3d ___ (9th Cir. Apr. 25, 2006) (California conviction for shooting at an occupied motor vehicle under Penal Code 246 is categorically a crime of violence for purposes of enhancement of illegal reentry sentence under USSG 2L1.2).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510392p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - BURGLARY
United States v. Murillo-Lopez, __ F.3d __ (5th Cir. Mar. 22, 2006) (California conviction for burglary, in violation of Penal Code 459, is a crime of violence for purposes of 16-level sentence enhancement upon conviction of illegal re-entry, where defendant admitted, and did not dispute, that he was convicted of burglary of a dwelling, specifically listed as a crime of violence under U.S.S.G. 2L1.2).
http://caselaw.lp.findlaw.com/data2/circs/5th/0441397cr0p.pdf
AGGRAVATED FELONY - DELIVERY OF CONTROLLED SUBSTANCE
United States v. Chavez-Diaz, __ F.3d __, 2006 WL 1000811 (10th Cir. Apr. 18, 2006) (Wyoming conviction for delivery of a non-narcotic controlled substance constituted an aggravated felony controlled substance offense for illegal re-entry sentencing purposes).
AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION NOT AGGRAVATED FELONY SINCE WOULD ONLY HAVE BEEN MISDEMEANOR IN FEDERAL COURT
Gonzalez-Gomez v. Achim, __ F.3d __, 2006 WL 708678 (7th Cir. Mar. 22, 2006) (state felony conviction for drug possession is not an aggravated felony drug trafficking offense where the offense would only be punishable as a misdemeanor under the applicable federal statute).
http://caselaw.lp.findlaw.com/data2/circs/7th/052728p.pdf
