AGGRAVATED BATTERY AGAINST OFFICER - CRIME OF VIOLENCE
United States
v. Treto-Martinez, 421 F.3d 1156 (10th Cir. Sept. 7, 2005)
(Kansas conviction of aggravated battery against a law enforcement
officer, in violation of K.S.A.
ASSAULT - CRIME OF VIOLENCE
United States v. Perez-Vargas, 414 F.3d
1282 (10th Cir. July 15, 2005) (Colorado conviction for third-degree
assault, "knowingly or recklessly causes bodily injury
to another person or with criminal negligence he causes bodily
injury to another person by means of a deadly weapon,"
in violation of C.R.S.
ASSAULT - CRIME OF VIOLENCE
United States v. Holguin-Enriquez, 120
F.Supp.2d 969 (D.Kan. Oct. 12, 2000) (Washington conviction
for criminal assault, with one-year suspended sentence, constituted
an aggravated felony as crime of violence under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F) for purpose of imposing 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A) to defendants
base offense level for illegal re-entry).
ASSAULT - CRIME OF VIOLENCE
Matter of Martin, 23 I. & N. Dec.
491 (BIA Sept. 26, 2002) (Connecticut conviction of third-degree
assault, in violation of section 53a-61(a)(1) of the Connecticut
General Statutes, which involves the intentional infliction
of physical injury upon another, is a crime of violence under
18 U.S.C. § 16(a), for deportation purposes).
RECKLESS ENDANGERMENT - CRIME OF VIOLENCE
Singh v. Gonzales, 432 F.3d
533, 540-541 (3d Cir. Jan. 3, 2006) (Pennsylvania misdemeanor
conviction of recklessly endangering another person, in violation
of 18 Pa. Cons.Stat. Ann. § 2705, with a sentence of one year
or more, did not constitute a crime of violence under 18 U.S.C.
§ 16(a), and was not a felony conviction, and therefore did
not constitute a crime of violence under 18 U.S.C.
CHILD ENDANGERMENT - CRIME OF VIOLENCE
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.
FELONY ENDANGERMENT - CRIME OF VIOLENCE
United States v. Hernandez-Castellanos,
287 F.3d 876 (9th Cir. Apr. 25, 2002) (Arizona conviction
of felony endangerment in violation of A.R.S. § 13-1201 was
not categorically an aggravated felony under a crime of violence
theory under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)
for illegal re-entry enhancement purposes under U.S.S.G.
FIRST DEGREE UNLAWFUL IMPRISONMENT - CRIME OF VIOLENCE
Dickson v.
Ashcroft, 346 F.3d 44 (2d Cir. Sept. 9, 2003) (New York conviction
of unlawful imprisonment in the first degree, in violation
of N.Y. Penal Law § 135.10, with indeterminate sentence of
one to three years, held not to be an aggravated felony crime
of violence within the meaning of INA § 101(a)(43)(F), 8 U.S.C.
FALSE IMPRISONMENT - CRIME OF VIOLENCE
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).
FALSE IMPRISONMENT - CRIME OF VIOLENCE
United States v. Hernandez-Hernandez,
431 F.3d 1212 (9th Cir. Dec. 16, 2005) (California conviction
of felony false imprisonment, in violation of Penal Code §
236, 237 constitutes a divisible statute, encompassing some
offenses that constitute crimes of violence within the meaning
of U.S.S.G.