AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 U.S.C. 16(b) - STATUTORY RAPE WAS COV UNDER 16(b)
Valencia v. Gonzales, ___ F.3d ___ (9th Cir. May 12, 2005) (California conviction of unlawful sexual intercourse with a person under 18 (here 17), in violation of Penal Code 261.5(c), with a five year suspended sentence, constituted a crime of violence aggravated felony under 18 U.S.C. 16(b), within the meaning of INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), and therefore triggered removal under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii), following United States v. Granbois, 376 F.3d 993 (9th Cir.
CRIME OF VIOLENCE - INDECENT ASSAULT ON MINOR
United States v. Izaguirre-Flores, __ F.3d __, 2005 WL 730070 (5th Cir. March 31, 2005) (taking indecent liberties with a child in violation of North Carolina General Statute 14-202.1(a)(1) constitutes "sexual abuse of a minor" for purposes of the "crime of violence" sentencing enhancement in United States Sentencing Guidelines 2L1.2 ).
CRIME OF VIOLENCE - SEXUAL ASSAULT - ILLEGAL REENTRY
United States v. Remoi, __ F.3d __, 2005 WL 845884 (3d Cir.
AGGRAVATED FELONY - CRIME OF VIOLENCE - SHOOTING AT INHABITED BUILDING
United States v. Cortez-Arias, __ F.3d __ (9th Cir. April 18, 2005) (conviction for 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 reentry).
AGGRAVATED FELONY - CRIME OF VIOLENCE - SHOOTING INTO OCCUPIED BUILDING NOT CRIME OF VIOLENCE SINCE OFFENSE MAY BE COMMITTED WITHOUT ACTUALLY SHOOTING, ATTEMPTING TO SHOOT, OR THREATENING TO SHOOT ANOTHER PERSON
United States v. Alfaro, ___ F.3d ___, 2005 WL 976995 (5th Cir. April 28, 2005) (Virginia conviction of shooting into an occupied dwelling, in violation of Va.Code Ann. 18.202-79 (1993), did not constitute a crime of violence for purposes of enhancing his sentence for illegal reentry by sixteen levels under U.S.S.G.
CRIME OF VIOLENCE - INDECENT LIBERTIES WITH CHILD
United States v. Izaguirre-Flores, __ F.3d __, 2005 WL 730070 (5th Cir. March 31, 2005) (taking indecent liberties with a child, in violation of North Carolina General Statutes Annotated 14-202.1(a)(1), is a crime of violence, as sexual abuse of a minor, for sentencing purposes under U.S.S.G. 2L1.2, following illegal reentry; this holding based on common meaning, rather than categorical analysis).
AGGRAVATED FELONY - CRIME OF VIOLENCE
Szucz-Toldy v. Gonzalez, __ F.3d __ (7th Cir. March 11, 2005) (Illinois conviction for "harassment by telephone" under 720 ILCS 135/1-1(2), prohibiting "making a telephone call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the called number" is not an aggravated felony crime of violence for immigration purposes because it is not necessary to prove the use or threatened use of physical force to sustain a conviction under the statute).
AGGRAVATED FELONY - CRIME OF VIOLENCE - LEWD ACT WITH CHILD
United States v. Teeples, ___ F.3d ___ (9th Cir. Jan. 5, 2006) (California conviction for violation of Penal Code 288(a), lewd act with child, was a crime of violence for purposes of career offender sentencing).
AGGRAVATED FELONY - CRIME OF VIOLENCE - POSSESSION OF ASSAULT WEAPON
United States v. Serna, ___ F.3d ___ (9th Cir. Jan. 23, 2006) (sentence for felon in possession of a firearm vacated since prior 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 sentence enhancement).
http://caselaw.lp.findlaw.com/data2/circs/9th/0410597p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - SECOND DEGREE ASSAULT
United States v. Torres-Diaz, ___ F.3d ___, 2006 WL 225615 (5th Cir. Jan. 30, 2006) (Connecticut conviction of second-degree assault under, Conn. Gen.Stat.
