Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - SHOOTING INTO OCCUPIED BUILDING NOT CRIME OF VIOLENCE SINCE OFFENSE MAY BE COMMITTED WITHOUT ACTUALLY SHOOTING, ATTEMPTING TO SHOOT, OR THREATENING TO SHOOT ANOTHER PERSON
United States v. Alfaro, ___ F.3d ___, 2005 WL 976995 (5th Cir. April 28, 2005) (Virginia conviction of shooting into an occupied dwelling, in violation of Va.Code Ann. 18.202-79 (1993), did not constitute a crime of violence for purposes of enhancing his sentence for illegal reentry by sixteen levels under U.S.S.G. 2L1.2(b)(1)(A)(ii) (2002), because (a) this offense is not enumerated in the guideline, (b) it does not have as an element the use or threat of force against another, since a defendant could violate this statute merely by shooting a gun at a building that happens to be occupied or by discharging a firearm within an unoccupied school building, without actually shooting, attempting to shoot, or threatening to shoot another person, so district court committed plain error in sentencing).

Lower Courts of Ninth Circuit

SAFE HAVENS - CALIFORNIA FALSE PERSONATION
While false personation, in violation of Penal Code 529(3), is arguably not a crime of moral turpitude, since fraud is not a required element of the offense, People v. Rathert, 24 Cal.4th 200 (2000), the offense may qualify as an aggravated felony "fraud or deceit" offense under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i) if there is a loss to the victim exceeding $10,000.