CRIME OF VIOLENCE - DISCHARGING A FIREARM

United States v. Jaimes-Jaimes,
406 F.3d 845 (7th Cir. May 4, 2005) (Wisconsin conviction
for discharging a firearm into a vehicle or building, in violation
of W.S.A. § 941.20(2)(a), was not a conviction for a "crime
of violence" so as to warrant a 16-level increase in
the offense level under U.S.S.G.

jurisdiction: 
Seventh Circuit

CRIME OF VIOLENCE - HARASSMENT

Szucz-Toldy v. Gonzalez, 400 F.3d
978 (7th Cir. Mar.

jurisdiction: 
Seventh Circuit

CRIME OF VIOLENCE - INTOXICATION ASSAULT

United States v. Vargas-Duran,
356 F.3d 598 (5th Cir. Jan. 8, 2004) (en banc) (Texas conviction
of intoxication assault - "by accident or mistake, while
operating an aircraft, watercraft or motor vehicle in a public
place while intoxicated, by reason of that intoxication causes
serious bodily injury to another." - in violation of
Tex.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - CHILD ENDANGERMENT

United States v. Calderon-Pena,
339 F.3d 320 (5th Cir. July 17, 2003) (Texas conviction of
child endangerment, in violation of Texas Penal Code § 22.041(c),
would not on its face constitute a crime of violence under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of illegal re-entry sentence enhancement under U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - POSSESSION OF SAWED-OFF SHOTGUN

United States
v. Diaz-Diaz, 327 F.3d 410 (5th Cir. Apr. 3, 2003) (Texas
conviction for possession of a prohibited weapon - a short-barrel
firearm - in violation of Tex. Penal Code § 46.05, did not
constitute a crime of violence aggravated felony under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes of
a 16-level sentence enhancement for illegal re-entry pursuant
to U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - POSSESSION OF DEADLY WEAPON

United States v.
Medina-Anicacio, 325 F.3d 638 (5th Cir. Mar. 24, 2003) (California
conviction of possession of a deadly weapon a dirk or dagger
in violation of Penal Code § 12020(a), does not constitute
a "crime of violence" within the meaning of 18 U.S.C.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - UNAUTHORIZED USE OF MOTOR VEHICLE

United States
v. Rodriguez-Rodriguez, 323 F.3d 317 (5th Cir. Feb. 27, 2003)
(Texas conviction of unauthorized use of a motor vehicle,
in violation of Texas Penal Code Ann. § 30.02(a), is not a
crime of violence within the meaning of U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - BURGLARY OF BUILDING

United States v. Rodriguez-Rodriguez,
323 F.3d 317 (5th Cir. Feb. 27, 2003) (Texas conviction of
burglary of a building, in violation of Texas Penal Code Ann.
§ 31.07(a), is not a crime of violence within the meaning
of U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - INTOXICATION ASSAULT

United States v. Vargas-Duran,
319 F.3d 194 (5th Cir. Jan. 16, 2003) (Texas conviction for
intoxication assault, which requires proof that an intoxicated
offender "cause[] serious bodily injury to another,"
in violation of Penal Code Ann. § 49.07, qualified as a "crime
of violence," for purposes of the 16-level sentencing
enhancement under U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - AGGRAVATED SEXUAL ASSAULT ON MINOR UNDER

14
United States v. Rayo-Valdez, 302 F.3d 314 (5th Cir. Aug.
12, 2002) (Texas conviction for aggravated sexual assault
on a minor under 14, in violation of Texas Penal Code § 22.021,
constituted a crime of violence, and was thus an aggravated
felony, under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
to enhance a sentence under U.S.S.G. § 2L1.2 for illegal re-entry).

jurisdiction: 
Fifth Circuit

 

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