CRIME OF VIOLENCE - BURGLARY
United States v. Valdez-Maltos, __
F.3d __, 2006 WL 766601 (5th Cir. Mar. 27, 2006)
(Texas conviction of burglary of a habitation, is a crime
of violence for illegal re-entry sentencing purposes).
CRIME OF VIOLENCE - FALSE IMPRISONMENT
United States v. Stapleton,
440 F.3d 700 (5th Cir. Feb. 16, 2006) (Louisiana conviction
for false imprisonment while armed with a dangerous weapon,
in violation of La. Rev. Stat. Ann § 14:46.1(A) is a violent
felony for purposes of the Armed Career Criminal Act, 18 U.S.C.
§ 924(e), because it necessarily presents a serious potential
risk of physical injury to another).
CRIME OF VIOLENCE - SECOND-DEGREE ASSAULT
United States v. Torres-Diaz,
438 F.3d 529 (5th Cir. Jan. 30, 2006) (Connecticut conviction
of second-degree assault under Conn. Gen.Stat.
CRIME OF VIOLENCE - AGGRAVATED BATTERY
United States v. Gonzalez-Chavez,
432 F.3d 334 (5th Cir. Nov. 30, 2005) (Florida conviction
of aggravated battery under § 784.045 of the Florida Statutes
is divisible, as the statute may be violated by any assault
on a pregnant woman, including spitting, which does not involve
the use, attempted use, or threatened use of force, and therefore
may not be an aggravated felony crime of violence for sentencing
purposes).
CRIME OF VIOLENCE - ASSAULT
Gonzalez-Garcia v. Gonzales, 431 F.3d
234 (5th Cir. Nov. 16, 2005) (Texas conviction of assault,
in violation of Tex. Penal Code § 22.01(a)(3) ("intentionally
or knowingly causes physical contact with another when the
person knows or should reasonably believe that the other will
regard the contact as offensive or provocative"), did
not constitute a crime of violence aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C.
CRIME OF VIOLENCE - SHOOTING INTO OCCUPIED DWELLING
United States
v. Alfaro, 408 F.3d 204 (5th Cir. Apr. 28, 2005) (Virginia
conviction of shooting into an occupied dwelling, in violation
of Va.Code § 18.202-79 (1993), did not constitute a crime
of violence for purposes of enhancing sentence for illegal
re-entry by sixteen levels under U.S.S.G.
CRIME OF VIOLENCE - RETALIATION
United States v. Martinez-Mata,
393 F.3d 625 (5th Cir. Dec. 10, 2004) (Texas conviction of
retaliation under Texas Penal Code § 36.06 is not a crime
of violence for illegal re-entry sentencing purposes since
it does not have, as an element, the use, attempted use, or
threatened use of physical force).
CRIME OF VIOLENCE - JOYRIDING
United States v. Rodriquez-Rodriguez,
388 F.3d 466 (5th Cir. Oct. 15, 2004) (Texas conviction under
Penal Code § 31.07(a), unauthorized use of a motor vehicle,
is not a crime of violence for illegal re-entry sentencing
purposes since the statute does not require the use of force
as an element).
CRIME OF VIOLENCE - BURGLARY
United States v. Rodriquez-Rodriguez,
388 F.3d 466 (5th Cir. Oct. 15, 2004) (Texas conviction under
Penal Code § 30.02, burglary of a building, is not a crime
of violence for illegal re-entry sentencing purposes since
the statute does not require the use of force as an element).
CRIME OF VIOLENCE - CRIMINALLY NEGLIGENT HOMICIDE
United States
v. Dominguez-Ochoa, 386 F.3d 639 (5th Cir. Sept. 22, 2004)
(Texas conviction of criminally negligent homicide, under
Tex. Penal Code § 19.05, did not constitute crime of violence
aggravated felony under U.S.S.G.