Valencia v. Gonzales, ___ F.3d ___, 2005 WL 3358678 (9th Cir. Dec. 12, 2005) (original opinion, 406 F.3d 1154, superseded and withdrawn on denial of rehearing and rehearing en banc) (California conviction of engaging in unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator under Penal Code section 261.5(c) is not, absent aggravating factors, a crime of violence under 18 U.S.C.

Fernandez-Ruiz v. Gonzales, 410 F.3d 585 (9th Cir. June 1, 2005), vacated on grant of rehearing en banc, ___ F.3d ___ 2005 WL 3372624 (9th Cir. Dec.13, 2005) (Arizona misdemeanor conviction of domestic violence assault, in violation of Ariz. Rev. Stat. 13-1203(A)(1) or (2), which both require the use, attempted use, or threatened use of physical force against the person or property of another, therefore both qualify as crimes of violence under 18 U.S.C. 16(a), and the crime was designated as a crime of domestic violence under state law pursuant to Ariz. Rev. Stat.

United States v. Hernandez-Hernandez, ___ F.3d ___, ___ n.5, 2005 WL 3440815 (9th Cir. Dec. 16, 2005) (California conviction of felony false imprisonment, in violation of Penal Code 236, constitutes a divisible statute, encompassing some offenses that constitute crimes of violence within the meaning of U.S.S.G.

United States v. Ladwig, ___ F.3d ___, 2005 WL 3527125 (9th Cir. Dec. 27, 2005) (Washington felony conviction for making a harassing telephone call is a violent felony under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(2)(B), for purposes of sentencing, because to be a felony, the state offense must involve a threat to kill which has an element of the use or threat of violence).
http://caselaw.lp.findlaw.com/data2/circs/9th/0430393p.pdf

United States v. Gonzalez-Chavez, __ F.3d __, 2005 WL 3196524 (5th Cir. Nov. 30, 2005) (aggravated battery under 784.045 of the Florida Statutes is a divisible statute, as the statute may be committed by any assault on a pregnant woman, including spitting, which does not involve the use, attempted use, or threatened use of force, and therefore may not be an aggravated felony crime of violence for sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/5th/0440173cr0p.pdf

United States v. Delaney, 427 F.3d 1224 (9th Cir. Nov. 7, 2005) (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 shot guns are "inherently dangerous," their only use is violence, and thus their possession involves a substantial risk of the use of physical force).
http://caselaw.lp.findlaw.com/data2/circs/9th/0450128p.pdf

Gonzalez-Garcia v. Gonzales, ___ F.3d ___, 2005 WL 3047411 (5th Cir. Nov. 16, 2005) (Texas conviction of assault, in violation of Tex. Penal Code Ann. 22.01(a)(3) ("intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative"), did not constitute a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since "offensive or provocative contact" does not necessarily involve the use of physical force).

Four circuits have now found mere offensive contact does not involve "use of force" of sufficient violence to constitute a crime of violence. See Gonzalez-Garcia v. Gonzales, ___ F.3d ___, 2005 WL 3047411 (5th Cir. Nov. 16, 2005); United States v. Arnold, 58 F.3d 1117, 1122 n.4 (6th Cir. 1995); Flores v. Ashcroft, 350 F.3d 666, 672 (7th Cir. 2003); Singh v. Ashcroft, 386 F.3d 1228, 1234 (9th Cir. 2004). Two Circuits, on the other hand, have found that offensive physical contact does involve the "use of force." See United States v. Nason, 269 F.3d 10, 20 (1st Cir. 2001); United States v.

There is an argument that regardless of any latent ambiguity in the phrase "any felony" in 924(c)(2), under Jerome v. U.S., 318 U.S. 101 (1943), 1101(a)(43)(B) covers only convictions, whether obtained under federal or state law, which would be felonies under 18 U.S.C. 924(c)(2). In Jerome v. U.S., the issue was the meaning of the phrase "any felony" in a federal criminal statute. As the Court held therein, 318 U.S. at 101-2 (internal citations omitted): Sec. 2 (a) of the Bank Robbery Act ...

United States v. Kelly, 422 F.3d 889 (9th Cir. Sept. 6, 2005) (Washington State conviction for attempting to elude a police vehicle, in violation of RCW 46.61.024, is not a "crime of violence" for sentencing purposes)
http://caselaw.lp.findlaw.com/data2/circs/9th/0430074p.pdf