BURGLARY - CRIME OF VIOLENCE

United States v. Alvarez-Martinez, 286
F.3d 470 (7th Cir. Apr. 12, 2002) (Illinois burglary conviction,
in violation of 720 ILCS § 5/19-1(a), was a crime of violence
under 18 U.S.C. § 16(b), and thus an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of sentence enhancement under U.S.S.G.

jurisdiction: 
Seventh Circuit

ATTEMPTED AUTO BURGLARY - BURGLARY

United States v. Martinez-Garcia,
268 F.3d 460 (7th Cir. Sept. 28, 2001), cert. denied, 122
S.Ct. 1111 (2002) (Illinois conviction of burglary of vehicle
with intent to commit theft constituted "attempt,"
under INA § 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), to commit
a "theft offense" under INA § 101(a)(43)(G), 8 U.S.C.
§ 1101(a)(43)(G) for purposes of enhancing under U.S.S.G.

jurisdiction: 
Seventh Circuit

AUTO BURGLARY - BURGLARY

Solorzano-Patlan v. INS, 207 F.3d 869
(7th Cir. Mar. 10, 2000) (Illinois conviction of "burglary"
of automobile, in violation of 720 ILCS § 5/19-1(a), was not
an aggravated felony "burglary offense" under INA
§ 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) that would trigger
deportation).

jurisdiction: 
Seventh Circuit

RESIDENTIAL BURGLARY - CRIME OF VIOLENCE

United States v. Mendoza-Sanchez, ___
F.3d ___, 2006 WL 1966655 (5th Cir. Jul. 14, 2006) (Arkansas
conviction of burglary, in violation of Ark.Code Ann.

jurisdiction: 
Fifth Circuit

AUTO BURGLARY - CRIME OF VIOLENCE

United States v. Guzman-Landeros,
207 F.3d 1034, 1035 (8th Cir. Mar. 27, 2000) (Texas convictions
for burglary of vehicle constituted aggravated felonies as
crimes of violence under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
for purposes of sentencing enhancement pursuant to U.S.S.G.
§ 2L1.2(b)(1)(A) to sentence for illegal re-entry).

jurisdiction: 
Eighth Circuit

BURGLARY OF DWELLING - CRIME OF VIOLENCE

United States v. Guerrero-Velasquez,
434 F.3d 1193 (9th Cir. Jan. 19, 2006) (Washington conviction
of second-degree burglary, under Wash. Rev.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - BURGLARY - ENTRY REQUIREMENT MET WHERE CHARGE TO WHICH PLEA WAS ENTERED ALLEGED UNLAWFUL ENTRY EVEN THOUGH STATUTE DID NOT HAVE UNLAWFUL ENTRY AS AN ELEMENT

United States v. Rodriguez-Rodriguez, 393 F.3d 849 (9th Cir. Jan. 5, 2005) (California burglary conviction under the modified categorical analysis included the unlawful entry requirement absent in California's statutory definition of burglary, since the defendant pleaded guilty to the unlawful entry language of the charge, so the conviction met the definition of "burglary of a dwelling" under Taylor and is, therefore, a "crime of violence" under the Sentencing Guidelines, U.S.S.G. 2L1.2, cmt. n.

jurisdiction: 
Ninth Circuit

BURGLARY - CRIME OF VIOLENCE

United States v. Matthews, 374 F.3d 872
(9th Cir. July 7, 2004) (conviction of burglary of an occupied
building did not constitute a crime of violence under U.S.S.G.
§ 4B1.2(a)(2), where the parties agreed the term "occupied"
did not require a persons actual physical presence).

jurisdiction: 
Ninth Circuit

BURGLARY - CRIME OF VIOLENCE

United States v. Rodriguez-Rodriguez,
364 F.3d 1142 (9th Cir. Apr. 20, 2004) (California conviction
for burglary of an inhabited building, under California Penal
Code § 460, is an aggravated felony and a "crime of violence"
for sentencing purposes).

jurisdiction: 
Ninth Circuit

POSSESSION OF STOLEN VEHICLE - RECEIVING STOLEN PROPERTY

Hernandez-Mancilla
v. INS, 246 F.3d 1002 (7th Cir. Apr. 11, 2001) (Illinois conviction
for possession of a stolen motor vehicle, in violation of
625 ILCS § 5/4-103(a)(1) a "theft offense," under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), and therefore
constituted an "aggravated felony" rendering noncitizen
deportable).

jurisdiction: 
Seventh Circuit

 

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