Fifth Circuit

AGGRAVATED FELONY - KIDNAPPING
United States v. Cervantes-Blanco, 504 F.3d 576 (5th Cir. Oct. 12, 2007) (Colorado conviction for attempted second-degree kidnapping, in violation of C.R.S. 18-3-302(1), is not a crime of violence for illegal re-entry sentencing purposes; the generic definition of kidnapping requires (1) knowing removal or confinement, (2) substantial interference with the victim's liberty, and (3) force, threat, or fraud, while the Colorado kidnapping statute does not require a substantial interference with the victims liberty), following United States v. Iniguez-Barba, 485 F.3d 790, 791-93 (5th Cir. 2007).

AGGRAVATED FELONY - CRIME OF VIOLENCE - KIDNAPPING
United States v. Iniguez-Barba, ___ F.3d ___, 2007 WL 1207046 (5th Cir. April 25, 2007) (per curiam) (New York conviction for kidnapping in the second degree, in violation of New York Penal Law 135.20, was a "crime of violence" under U.S.S.G. 2L1.2. for purposes of 16-level enhancement of illegal reentry sentence, even though the statute does not require the kidnapping be conducted with a specific intent), following United States v. Gonzalez-Ramirez, 477 F.3d 310, 317 (5th Cir. 2007) (Tennessee conviction of "kidnapping" was a crime of violence under U.S.S.G. 2L1.2, for purposes of 16-level enhancement of illegal reentry sentence, even though the Model Penal Code requires a specific purpose for an act to be "kidnapping" - such as a desire for ransom, an intent to facilitate another felony or flight, etc. - since the generic, contemporary meaning of kidnapping does not include such a purpose).

AGGRAVATED FELONY - KIDNAPPING
United States v. Iniguez-Barba, ___ F.3d ___, 2007 WL 1207046 (5th Cir. April 25, 2007) (per curiam) (finding violation of a statute requiring as elements: (1) knowing removal or confinement; (2) substantial interference with the victim's liberty; and (3) force, threat, or fraud, or, if the victim is incompetent or under age thirteen, lack of consent from the person responsible for the general supervision of the victim's welfare, to be sufficient to qualify as "kidnapping" for purposes of meeting the "crime of violence" definition under U.S.S.G. 2L1.2; a "specific purpose" such as a desire for ransom, an intent to facilitate another felony or flight, etc. is not required). See also United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir.2007).

AGGRAVATED FELONY - KIDNAPPING - FALSE IMPRISONMENT
United States v. Iniguez-Barba, ___ F.3d ___, 485 F.3d 790 (5th Cir. April 25, 2007) (per curiam) (finding violation of a statute requiring as elements: (1) knowing removal or confinement; (2) substantial interference with the victim's liberty; and (3) force, threat, or fraud, or, if the victim is incompetent or under age thirteen, lack of consent from the person responsible for the general supervision of the victim's welfare, to be sufficient to qualify as "kidnapping" for purposes of meeting the "crime of violence" definition under U.S.S.G. 2L1.2; a "specific purpose" such as a desire for ransom, an intent to facilitate another felony or flight, etc. is not required; the court noted that just because a state labels an offense "false imprisonment" does not mean it is not "kidnapping" if it otherwise meets the elements listed above). See also, United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir.2007).

AGGRAVATED FELONY - KIDNAPPING
United States v. Gonzales-Ramirez, 477 F.3d 310 (5th Cir. Jan. 30, 2007) (Tennessee conviction for kidnapping, in violation of Tenn. Code Ann. 39-13-303 ["false imprisonment . . . (1) [u]nder circumstances exposing the other person to substantial risk of bodily injury; or (2) [w]here the confinement of another is in a condition of involuntary servitude] meets generic definition of "kidnapping," [adopting model penal code definition] for purposes of the "crime of violence" definition used in enhancing a sentence upon illegal re-entry prosecution). http://caselaw.lp.findlaw.com/data2/circs/5th/0451355cr0p.pdf

NOTE: Model Penal Code 212.1 defines kidnapping as:

unlawfully remov[ing] another from his place of residence or business, or a substantial distance from the vicinity where he is found, or . . . unlawfully confin[ing] another for a substantial period in a place of isolation, with any of the following purposes: (a) to hold for ransom or reward, or as a shield or hostage; or (b) to facilitate commission of any felony or flight thereafter; or (c) to inflict bodily injury on or to terrorize the victim or another; or (d) to interfere with the performance of any governmental or political function. . . . A removal or confinement is unlawful within the meaning of this Section if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of 14 or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.

Sixth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " ATTEMPTED KIDNAPPING
United States v. Soto-Sanchez, 623 F.3d 317 (6th Cir. Oct. 5, 2010) (Michigan conviction of attempted kidnapping, in violation of M.C.L.A. 750.349, constituted a crime of violence under U.S.S.G. 2L1.2(b)(1)(A), for illegal re-entry sentencing purposes, since all six offenses punished by the kidnapping statute either fall within the generic, contemporary meaning of kidnapping or have an element involving the use of force).

Ninth Circuit

KIDNAPPING - EXTORTION
United States v. Anderson, 989 F.2d 310 (9th Cir. 1993) (Washington: outlining generic definition of extortion by reference to 18 U.S.C. § 1951 federal definition for purposes of career offender sentencing enhancement).

Tenth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - KIDNAPPING
United States v. Juarez-Galvan, 572 F.3d 1156 (10th Cir. Jul. 20, 2009) (California conviction of kidnapping, in violation of Penal Code 207(a), constituted a crime of violence for illegal reentry sentencing purposes, because kidnapping is an offense enumerated under U.S.S.G. 2L1.2(b)(1)(A)(ii)).

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