Safe Havens

(A)  Aggravated Felonies.[279]

Ninth Circuit:

United States v. Alvarez-Gutierrez, 394 F.3d 1241 (9th Cir. Jan. 14, 2005) (Nevada misdemeanor conviction for statutory sexual seduction, for having had sexual intercourse with a 14-year-old girl, in violation of Nev.Rev.Stat. § § 200.364, 368 (2002), sentence imposed of one year, might or might not constitute a crime of violence aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F)(2003), for purposes of imposing an eight-level illegal re-entry sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(C) (2003): “Because we affirm the district court’s enhancement by its reliance upon the definition of ‘aggravated felony’ in § 1101(a)(43)(A), we do not decide whether the enhancement was also appropriate under § 1101(a)(43)(F).”).

[279] See N. Tooby, Aggravated Felonies § § 5.13-5.15, Crimes of Violence (2003).