SHOOTING INTO OCCUPIED DWELLING - CRIME OF VIOLENCE
United States v.
Alfaro, 408 F.3d 204 (5th Cir. Apr. 28, 2005) (Virginia conviction
of shooting into an occupied dwelling, in violation of Va.Code
§ 18.202-79 (1993), did not constitute a crime of violence
for purposes of enhancing sentence for illegal re-entry by
sixteen levels under U.S.S.G.
DRIVE-BY SHOOTING - FACILITATION - CRIME OF VIOLENCE
Nguyen v. Ashcroft,
366 F.3d 386 (5th Cir. Apr. 26, 2004) (Oklahoma conviction
for facilitation of a drive-by shooting, under 21 Okl.St.Ann.
§ 652, subd. B., constituted a crime of violence aggravated
felony for deportation purposes).
POSSESSION OF SAWED-OFF SHOTGUN - CRIME OF VIOLENCE
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, did not constitute
a crime of violence aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for purposes of a 16-level sentence
enhancement for illegal re-entry pursuant to U.S.S.G.
MANUFACTURE - DRUG TRAFFICKING
Olivera-Garcia v. INS, 328 F.3d 1083 (9th
Cir. May 5, 2003) (federal conviction of offense of manufacture
of methamphetamine, in violation of 21 U.S.C. 841(a)(1), constituted
an illicit-trafficking "aggravated felony" under
INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).
DELIVERY OF A CONTROLLED SUBSTANCE - DRUG TRAFFICKING
United States
v. Chavaria-Angel, 323 F.3d 1172 (9th Cir. Mar. 26, 2003)
(Oregon conviction of delivery of a controlled substance,
in violation of Oregon Revised Statute § 475.992, constitutes
an aggravated felony within the meaning of U.S.S.G. § 2L1.2,
as a drug trafficking crime under INA § 101(a)(43)(B), 8 U.S.C.
SALE, TRANSPORTATION, OR SOLICITATION - DRUG TRAFFICKING
United
States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. Apr.
SOLICITATION TO POSSESS FOR SALE - DRUG TRAFFICKING
Leyva-Licea v. INS,
187 F.3d 1147 (9th Cir. Aug. 19, 1999) (Arizona conviction
for solicitation to possess marijuana for sale, in violation
of Ariz. Rev. Stat. § 13-1002(A) & 13-3405(A)(2)(B)(5),
did not constitute an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.
SALE OR FURNISHING - DRUG TRAFFICKING
United States v. Lara-Aceves,
183 F.3d 1007 (9th Cir. July 6, 1999), cert. denied, 528 U.S.
1095 (2000) (California conviction for selling/furnishing
a controlled substance under California Health & Safety
Code § 11360(a) was "aggravated felony," under INA
§ 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for sentencing
purposes under U.S.S.G. § 2L1.2(b)(1)(A)).
DRUG TRAFFICKING
Ortiz v. INS, 179 F.3d 1148 (9th Cir. June 8,
1999) (Guatemala conviction for drug trafficking was "aggravated
felony" under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for immigration purposes).
FURNISHING - DRUG TRAFFICKING
United States v. Estrada-Torres, 179 F.3d
776 (9th Cir. June 7, 1999) (California conviction under California
Health and Safety Code § 11360(a) for selling/furnishing marijuana
constitutes an "aggravated felony" under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for illegal re-entry sentencing
purposes within the meaning of U.S.S.G. § 2L1.2(b)(1)(A)).