RISK OF INJURY - SEXUAL ABUSE OF A MINOR
Santapaola v. Ashcroft,
249 F.Supp.2d 181 (D.Conn. Mar. 13, 2003) (Connecticut conviction
for risk of injury, in violation of Conn. Gen.Stat. § 53-21(1),
constituted an aggravated felony conviction for "sexual
abuse of a minor" within meaning of INA § 101(a)(43)(A),
8 U.S.C. § 1101(a)(43)(A), as a ground of deportation).
UNLAWFUL SEXUAL CONTACT - SEXUAL ABUSE OF A MINOR
Singh v. Ashcroft,
383 F.3d 144 (3d Cir. Sept. 17, 2004) (Delaware conviction
of unlawful sexual contact in the third degree under Del.
C. § 767, penalizing "sexual contact with another person
[with knowledge] that the contact is either offensive to the
victim or occurs without the victims consent," does
not constitute sexual abuse of a minor under INA § 101(a)(43)(A),
8 U.S.C.
SEXUAL ASSAULT ON MINOR - CRIME OF VIOLENCE
United States v. Reve,
241 F.Supp.2d 470 (D.N.J. Jan. 31, 2003) (New Jersey conviction
of sexual assault, defined as committing an act of sexual
penetration with a victim who is at least thirteen but less
than sixteen years old and the actor is at least four years
older than the victim, in violation of former N.J.S.A. § 2C:14-2(c)(5)
(1995), recodified, N.J.S.A. § 2C:14-2(c)(4) (Supp.
INDECENT LIBERTIES WITH A CHILD - SEXUAL ABUSE OF A MINOR
United States
v. Izaguirre-Flores, 405 F.3d 270 (5th Cir. Mar. 31, 2005)
(North Carolina conviction for taking indecent liberties with
a child, in violation of North Carolina General Statute §
14-202.1(a)(1) - "being 16 years of age or more and at
least five years older than the child in question, he . .
.
POSSESSION OF UNREGISTERED FIREARM - FIREARM OFFENSE
United States v.
Diaz-Diaz, 327 F.3d 410 (5th Cir. Apr. 3, 2003) (Texas conviction
for possession of a prohibited weapon a short-barrel firearm
in violation of Tex. Penal Code § 46.05, constituted a listed
aggravated felony firearms offense under INA § 101(a)(43)(E)(iii),
8 U.S.C. § 1101(a)(43)(E)(iii), as an "offense described
in . . . [26 U.S.C. § ] 5861 . . .
POSSESSION OF DEADLY WEAPON - CRIME OF VIOLENCE
United States v. Medina-Anicacio,
325 F.3d 638 (5th Cir. Mar. 24, 2003) (California conviction
of possession of a deadly weapon a dirk or dagger in violation
of Penal Code § 12020(a), does not constitute a "crime
of violence" within the meaning of 18 U.S.C.
UNLAWFULLY CARRYING FIREARM - CRIME OF VIOLENCE
United States v. Hernandez-Neave,
291 F.3d 296 (5th Cir. Dec. 21, 2001) (Texas conviction for
unlawfully carrying firearm in place licensed to sell alcoholic
beverages, in violation of Penal Code § 46.02(c), was not
a crime of violence for illegal re-entry sentencing purposes).
POSSESSION OF SHORT-BARRELED SHOTGUN - CRIME OF VIOLENCE
United States
v. Rivas-Palacios, 244 F.3d 396 (5th Cir. Mar. 9, 2001) (Texas
conviction for unlawful possession of an unregistered short-barreled
shotgun is an aggravated felony crime of violence for illegal
re-entry sentencing purposes), following United States v.
Dunn, 946 F.2d 615, 620-21 (9th Cir. 1991), cert. denied,
502 U.S. 950, 112 S.Ct. 401 (1991) (involving a sawed-off
shotgun).
POSSESSION OF FIREARM BY ALIEN - FIREARMS OFFENSE
United States v. Reyna-Espinosa,
117 F.3d 826 (5th Cir. July 11, 1997) (federal conviction
for unlawful possession of a firearm by an alien under 18
U.S.C. § 922(g)(5) does not constitute an "aggravated
felony" for purposes of increasing the defendants offense
level for illegal re-entry by 16 levels pursuant to U.S.S.G.
§ 2L1.2(b)(2), although it does for immigration purposes).
SEXUAL CONTACT WITH CHILD UNDER 16 - CRIME OF VIOLENCE
Dos Santos
v. Gonzalez, __ F.3d __, 2006 WL 521583 (2d Cir. Mar.