SOLICITATION - DRUG TRAFFICKING
United States v. Dolt, 27 F.3d 235, 239-240
(6th Cir. June 23, 1994) (federal conviction of solicitation
to traffic in cocaine is not a controlled substance offense
under the career offender provision in U.S.S.G.
OFFER TO SELL OR TRANSPORTATION - DRUG TRAFFICKING
United States
v. Estrada-Torres, 179 F.3d 776 (9th Cir. June 7, 1999) (California
conviction for sale/offer to sell/transportation of marijuana,
in violation of California Health & Safety Code § 11360(a),
was an "aggravated felony," under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of illegal re-entry
sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(A)), cert.
denied, 531 U.S.
SOLICITATION - CRIME OF VIOLENCE
United States v. Cornelio-Pena, 435 F.3d
1279 (10th Cir. Jan. 30, 2006) (Arizona conviction of solicitation
to commit second-degree burglary of a dwelling, in violation
of Ariz. Rev. Stat. § 13-1002, 1507, is a crime of violence
under U.S.S.G.
FACILITATION OF DRIVE-BY SHOOTING - AIDING AND ABETTING
Nguyen v. Ashcroft,
366 F.3d 386 (5th Cir. Apr. 26, 2004) (Oklahoma conviction
for facilitation of a drive-by shooting, under 21 Okl.St.Ann.
§ 652, subd. B., constituted a crime of violence aggravated
felony for deportation purposes).
ACCESSORY AFTER THE FACT - DRUG TRAFFICKING
Matter of Batista-Hernandez,
21 I. & N. Dec. 955 (BIA July 15, 1997) (federal conviction
pursuant to 18 U.S.C. § 3 as accessory after the fact to a
drug-trafficking crime does not establish deportability as
a drug-trafficking aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.
ACCESSORY AFTER THE FACT - OBSTRUCTION OF JUSTICE
Matter of Batista-Hernandez,
21 I. & N. Dec. 955 (BIA July 15, 1997) (federal conviction
pursuant to 18 U.S.C. § 3 as accessory after the fact to a
drug-trafficking crime, with a sentence imposed of one year
or more, establishes deportability as an aggravated felony,
because the offense of accessory after the fact falls within
the definition of an obstruction of justice crime under INA
§ 101(a)(43)(S), 8 U.S.C.
AIDING AND ABETTING - FRAUD OFFENSES
James v. Gonzales, ___ F.3d ___, 2006 WL
2536614 (5th Cir. Sept. 5, 2006) (federal conviction of aiding
and abetting bank fraud, in violation of 18 U.S.C.
AIDING AND ABETTING - FACILITATION OF DRIVE-BY SHOOTING
Nguyen v.
Ashcroft, 366 F.3d 386 (5th Cir. Apr. 26, 2004) (Oklahoma
conviction for facilitation of a drive-by shooting, under
21 Okl.St.Ann. § 652, subd. B., constituted a crime of violence
aggravated felony for deportation purposes).
AIDING AND ABETTING - POSSESSION FOR SALE
United States v. Baca-Valenzuela,
118 F.3d 1223 (8th Cir. July 7, 1997) (federal conviction
of aiding and abetting possession of cocaine with intent to
distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C.
§ 2, constituted aggravated felony, under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of enhancing illegal
re-entry sentence under U.S.S.G.
TRESPASS - CRIME OF VIOLENCE
United States v. Delgado-Enriquez, 188
F.3d 592 (5th Cir. Sept. 10, 1999) (Colorado conviction of
first-degree criminal trespass by one who "knowingly
and unlawfully enters or remains in a dwelling or if he enters
any motor vehicle with intent to steal anything of value"
in violation of Colo.Rev.Stat. Ann. § 18-4-502, was crime
of violence under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)
and 18 U.S.C.