UNLAWFUL ENTRY - BURGLARY
United States v. Parker, 5 F.3d 1322, 1325
(9th Cir. Sept. 28, 1993) (California Information charging
burglary did not satisfy Taylor because of failure to allege
"unlawful or unprivileged" entry).
SOLICITATION TO COMMIT BURGLARY - 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.
BURGLARY - CRIME OF VIOLENCE
United States v. Soto-Ornelas, 312 F.3d
1167 (10th Cir. Dec. 3, 2002) (conviction of burglary of a
dwelling constitutes a crime of violence, and thus an aggravated
felony conviction under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
for purposes of 16-level illegal re-entry sentence enhancement
pursuant to U.S.S.G. § 2.L1.2, comment n. 1(B)(ii)(II) (2001)).
BURGLARY - CRIME OF VIOLENCE
United States v. Frias-Trujillo, 9 F.3d
875 (10th Cir. Nov. 9, 1993) (Texas burglary conviction was
a "crime of violence" under 18 U.S.C. § 16, and
thus an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
§ 1101(a)(43)(F), for purposes of sentencing enhancement under
§ 2L1.2(b)(2) for illegal re-entry conviction).
BURGLARY OF DWELLING - CRIME OF VIOLENCE
United States v. Fuentes-Rivera,
323 F.3d 869 (11th Cir. Mar. 4, 2003) (California conviction
for burglary of an inhabited dwelling under Penal Code §
459, 460(a), was a "crime of violence," for purposes
of a 16-level enhancement under U.S.S.G.
AUTO BURGLARY - BURGLARY
Matter of Perez, 22 I. & N. Dec. 1325
(BIA June 6, 2000) (en banc) (Texas conviction of burglary
of a vehicle, in violation of Texas Penal Code § 30.04(a),
is not an aggravated felony "burglary offense" within
the definition of INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G)).
EMBEZZLEMENT - FRAUD OFFENSE
Valansi v. Ashcroft, 278 F.3d 203 (3d Cir.
Jan. 23, 2002) (federal conviction for embezzling, in violation
of 18 U.S.C. § 656, in excess of $400,000 in cash and checks
from employer was not a fraud offense aggravated felony as
defined in section INA § 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i),
for immigration purposes).
EMBEZZLEMENT - FRAUD OFFENSE
Balogun v. U.S. Attorney Gen., 425 F.3d 1356
(11th Cir. Sept. 26, 2005) (Alabama conviction for embezzlement
of moneys belonging to the United States is an aggravated
felony fraud offense under INA § 101(a)(43)(M)(i); the United
States may be considered the "victim" for purposes
of INA § 101(a)(43)(M)(i)).
EXTORTION - KIDNAPPING
United States v. Anderson, 989 F.2d 310 (9th
Cir. 1993) (Washington: outlining generic definition of extortion
by reference to 18 U.S.C. § 1951 federal definition for purposes
of career offender sentencing enhancement).
POSSESSION OF COUNTERFEIT SECURITIES - FRAUD OFFENSE
Sui v. INS, 250
F.3d 105 (2d Cir. May 11, 2001) (federal conviction of violating
18 U.S.C. § 513(a), possession of counterfeit securities with
intent to deceive, does not constitute a deportable aggravated
felony as a conviction of an offense involving fraud, under
INA § 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), since
the loss to the victims as a result of defendants actions
did not exceed $10,000).