There is a relatively finite list of offenses that have been examined to determine whether they qualify as aggravated felony crimes of violence.  Most of the cases concern an offense that falls within one or more of the following categories:

 

·        Arson/Property destruction

·        Assault/Battery

·        Burglary/Trespass

·        Child abuse/Endangerment

·        DUI/DWI

·        Evading an officer/Escape

·        False Imprisonment

·        Joyriding/Auto theft/Burglary

·        Kidnapping

·        Manslaughter

·        Possession of a deadly weapon

·        Rape

·        Robbery

·        Sex offenses involving children

·        Shooting at a dwelling/Drive by shooting

·        Stalking

·        Threats

 

Whether any of these offenses qualifies as an aggravated felony crime of violence depends upon the elements of the statute of conviction,[196] and whether the offense of conviction meets the all the requirements of 18 U.S.C. § 16(a)[197] or 16(b).[198]  Specific cases on each of these offenses may be found organized by category and circuit in Appendix A, infra, and by crime in Appendix B, infra.

 

            A few of these offenses bear special mention here:

 

[196] See Chapter 4, supra.

[197] See § § 5.17-5.22, supra.

[198] See § § 5.23-5.31, supra.

Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - FORCIBLE SEXUAL CONTACT
United States v. Rosas-Pulido , 526 F.3d 829 (5th Cir. May 2, 2008) (Minnesota conviction for unlawful sexual contact, in violation of M.S.A. 609.345(1)(c), punishing use of "force or coercion to accomplish" sexual contact is not a "forcible" sex offense for illegal re-entry sentencing purposes as the minimum conduct punishable under the statute includes a 14 year old giving a nipple twister to a classmate, an offense that does not involve forcible compulsion), citing In Re DLK, 381 N.W.2d 435, 436 (Minn. 1986) (nipple twister case).

AGGRAVATED FELONY - CRIME OF VIOLENCE - FIREARMS - POSSESSION OF DEADLY WEAPON IN PENAL INSTITUTION
United States v. Rodriguez-Jaimes, __ F.3d __ (5th Cir. March 09, 2007) (Texas conviction for possession of a deadly weapon in a penal institution, in violation of Texas Penal Code 46.10(a)(2) is a crime of violence for Armed Career Criminal Act sentencing purposes, since it involves a serious potential risk of physical injury). http://caselaw.lp.findlaw.com/data2/circs/5th/0640281cr0p.pdf

AGGRAVATED FELONY - CRIME OF VIOLENCE - RESIDENTIAL BURGLARY
United States v. Mendoza-Sanchez, ___ F.3d ___, 2006 WL 1966655 (5th Cir. Jul. 14, 2006) (Arkansas conviction of burglary, in violation of Ark.Code Ann. 5-39-201(a), constituted enumerated offense of "burglary of a dwelling," justifying application of sentencing guideline's 16-level crime of violence enhancement; although the record of conviction did not show burglary of a dwelling, defendant admitted to district court in illegal re-entry prosecution that offense was, in fact, burglary of a dwelling).

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT WITH A DEADLY WEAPON
United States v. Sanchez-Ruedas, __ F.3d __ (5th Cir. Jun. 12, 2006) (California conviction for violation of Penal Code 245(a)(1), assault with a deadly weapon, constitutes "aggravated assault" and is thus a crime of violence for illegal re-entry sentencing purposes). http://caselaw.lp.findlaw.com/data2/circs/5th/0540804cr0p.pdf

AGGRAVATED FELONY - CRIME OF VIOLENCE - THIRD DEGREE CRIMINAL SEXUAL CONDUCT
United States v. Fernandez-Cusco, __ F.3d __ (5th Cir. Apr. 20, 2006) (Minnesota felony conviction for third degree sexual conduct, under Minn. Stat. 8 609.344, is not necessarily a "forcible sex offense," and therefore not categorically a crime of violence for illegal re-entry sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540289cr0p.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

Eighth Circuit

AGGRAVATED FELONY - CRIMES OF VIOLENCE - ASSAULT ON POLICE OFFICER
United States v. Reyes-Solano, F.3d 543 F.3d 474 (8th Cir. Sept. 26, 2008) (Mississippi convictions for domestic assault and assault on a police officer were not categorically "crimes of violence" (defined as including twelve enumerated offenses (none at issue in this case), "or any other federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another."), so as to justify a four-level sentence enhancement under USSG 2L1.2(b)(1)(E) for illegal reentry after deportation, because "Absent state court records identifying the offense of conviction, from which the elements of that offense may be determined, the testimony of Reyes-Solano at sentencing is not sufficient proof that actual, attempted, or threatened use of force was an element of the offense and not merely conduct incidental to an offense whose essential elements did not include the use of force. Accordingly, on this record the four-level increase under 2L1.2(b)(1)(E) was improperly imposed.")

Ninth Circuit

AGGRAVATED FELONY " CRIMES OF VIOLENCE " KIDNAPPING
United States v. Marquez-Lobos, 683 F.3d 1061 (9th Cir. Jun. 19, 2012) (Arizona conviction of kidnapping, under Arizona Revised Statute 13-1304, is affirmed where it categorically meets the generic definition of "crime of violence" in U.S.S.G. 2L1.2(b)(1)(A), for purposes of imposing a 16-level sentence enhancement for illegal reentry).

AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir. Aug. 29, 2008) (California conviction of robbery, in violation of Penal Code 211, constituted crime of violence under USSG 2L1.2(b), because the elements of the offense meet the generic definition of "extortion," one of the enumerated crimes of violence; California Penal Code 211 is does not categorically meet the generic definition of "robbery."), distinguishing United States v. McDougherty, 920 F.2d 569, 574 (9th Cir. 1990) (holding California robbery, under Penal Code 211, constituted a crime of violence under USSG 4B1.2 commentary language as well as 18 U.S.C. 16(b), covering any felony that involved a "substantial risk" that physical force may be used "against the person or property of another", a definition broader than the definition contained in 4B1.2 alone, which identified only those crimes presenting a substantial risk of physical injury to another person (not to property).).

AGGRAVATED FELONY - CRIME OF VIOLENCE - EXTORTION - CRIME OF MORAL TURPITUDE - EXTORTION
United States v. Becerril-Lopez, 528 F.3d 1133 (9th Cir. Jun. 12, 2008) (generic definition of extortion: "obtaining something of value from another with is consent induced by the wrongful use of force, fear, or threats."; extortion includes threats to property and non-immediate danger), citing Scheidler v. Natl Org. for Women, Inc., 537 U.S. 393, 409 (2003).

AGGRAVATED FELONY - CRIME OF VIOLENCE - ESCAPE
Penuliar v. Ashcroft, 528 F.3d 603 (9th Cir. Jun. 10, 2008) (California conviction for evading an officer, in violation of California Vehicle Code 2800.2(a) is not categorically an aggravated felony crime of violence for immigration purposes).