DISCHARGING A FIREARM - CRIME OF VIOLENCE

United States v. Jaimes-Jaimes,
406 F.3d 845 (7th Cir. May 4, 2005) (Wisconsin conviction
for discharging a firearm into a vehicle or building, in violation
of W.S.A. § 941.20(2)(a), was not a conviction for a "crime
of violence" so as to warrant a 16-level increase in
the offense level under U.S.S.G.

jurisdiction: 
Seventh Circuit

FIREARMS TRAFFICKING

United States v. Gonzalez, 112 F.3d 1325, 1327
n.1 (7th Cir. May 6, 1997), cert. denied, 522 U.S. 962 (1997)
(federal conviction of illicit trafficking in firearms (as
defined in 18 U.S.C. § 921), in violation of 18 U.S.C. 922(a)(1),
18 U.S.C. § 1202(a)(1), and 26 U.S.C. 5861(d) and (e),
constituted an "aggravated felony" under INA § 101(a)(43)(C),
8 U.S.C.

jurisdiction: 
Seventh Circuit

GOING ARMED WITH INTENT - CRIME OF VIOLENCE

United States v. Gomez-Hernandez,
300 F.3d 974 (8th Cir. Aug. 28, 2002) (Iowa conviction of
going armed with intent to use a weapon unlawfully, in violation
of Iowa Code § 708.8, is a crime of violence and therefore
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
1101(a)(43)(F), and justifies illegal re-entry sentence enhancement
under U.S.S.G. § 2L1.2(b)(1)(A)).

jurisdiction: 
Eighth Circuit

SHOOTING AT AN OCCUPIED MOTOR VEHICLE - CRIME OF VIOLENCE

United
States v. Lopez-Torres, ___ F.3d ___ (9th Cir. Apr. 25, 2006)
(California conviction for shooting at an occupied motor vehicle
under Penal Code § 246 is categorically a crime of violence
for purposes of enhancement of illegal reentry sentence under
USSG § 2L1.2).

jurisdiction: 
Ninth Circuit

POSSESSION OF ASSAULT WEAPON - CRIME OF VIOLENCE

United States v. Serna,
435 F.3d 1046 (9th Cir. Jan. 23, 2006) (California conviction
for possession of assault weapon in violation of California
Penal Code § 12280(b) was not "crime of violence"
under the federal Sentencing Guidelines for purposes of illegal
re-entry sentence enhancement).

jurisdiction: 
Ninth Circuit

POSSESSION OF SHORT-BARRELED SHOTGUN - CRIME OF VIOLENCE

United States
v. Delaney, 427 F.3d 1224 (9th Cir. Nov. 7, 2005) (California
conviction of possession of a short-barreled shotgun, in violation
of California Penal Code § 12020(a)(1), is a crime of violence
for sentencing purposes, since short-barreled shotguns are
"inherently dangerous," their only use is violence,
and thus their possession involves a substantial risk of the
use of physical force).

jurisdiction: 
Ninth Circuit

SHOOTING AT INHABITED BUILDING - CRIME OF VIOLENCE

United States v.
Cortez-Arias, 415 F.3d 977 (9th Cir. Apr. 18, 2005) (California
conviction of shooting at inhabited dwelling, in violation
of Penal Code § 246, was a conviction for a "crime of
violence" for sentencing purposes following prosecution
for illegal re-entry).

jurisdiction: 
Ninth Circuit

POSSESSION OF DESTRUCTIVE DEVICE - CRIME OF VIOLENCE

United States v.
Fish, 368 F.3d 1200 (9th Cir. May 28, 2004) (Oregon conviction
of possession of a destructive device, under Or. Rev. Stat.
§ 166.382, did not constitute "a crime of violence"
under the U.S.S.G. to allow an increased offense level in
determining sentencing).

jurisdiction: 
Ninth Circuit

FIREARMS - CRIME OF VIOLENCE

United States v. Sarbia, 367 F.3d 1079
(9th Cir. May 14, 2004) (Nevada conviction of attempt to discharge
a firearm at an occupied structure constitutes a crime of
violence under U.S.S.G. § 4B1.2).

jurisdiction: 
Ninth Circuit

FIREARM USE - EVADING AN OFFICER - CRIME OF VIOLENCE

Reyes-Alcaraz
v. Ashcroft, 363 F.3d 937 (9th Cir. Apr. 8, 2004) (California
conviction of exhibiting a deadly weapon with intent to resist
arrest, in violation of California Penal Code § 417.8, is
a crime of violence and thus an "aggravated felony"
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Ninth Circuit

 

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