United States v. Morgan, 380 F.3d 698 (2d Cir. Aug. 19, 2004) (New York conviction for second degree attempted murder, with sentence to indeterminate term of two-and-a-half to seven-and-a-half years' imprisonment, properly treated as an "aggravated felony" for illegal reentry sentencing purposes, even though it was not an aggravated felony under the relevant immigration statute at the time of the conviction).

United States v. Guerrero-Velasquez, ___ F.3d ___ (9th Cir. Jan. 19, 2006) (Washington conviction of second-degree burglary, under Wash. Rev. Code 9A.52.030(1) ["A person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a building other than a vehicle or a dwelling."], held to constitute crime of violence for purposes of imposing a 16-level increase in base offense level under U.S.S.G.

United States v. Rodriguez-Rodriguez, 393 F.3d 849 (9th Cir. Jan. 5, 2005) (California burglary conviction under the modified categorical analysis included the unlawful entry requirement absent in California's statutory definition of burglary, since the defendant pleaded guilty to the unlawful entry language of the charge, so the conviction met the definition of "burglary of a dwelling" under Taylor and is, therefore, a "crime of violence" under the Sentencing Guidelines, U.S.S.G. 2L1.2, cmt. n.

United States v. Rodriguez-Rodriguez, 364 F.3d 1142 (9th Cir. April 20, 2004) (California conviction for burglary of an inhabited building under California Penal Code 460, is an aggravated felony and a "crime of violence" for sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/9th/0350146p.pdf

United States v. Wenner, 351 F.3d 969 (9th Cir. Dec. 12, 2003) (Washington residential burglary, Wash. Rev. Code 9A.52.025(1), not a "burglary of a dwelling" crime of violence as defined by U.S.S.G. 4B1.2(a)(2), since state statute classifies railway cars, fenced areas, and cargo containers as dwellings although they are not structures under Taylor v. United States, 495 U.S. 575 (1990); Taylor applies to sentencing as well as immigration context).
http://caselaw.lp.findlaw.com/data2/circs/9th/0230022p.pdf

Maddela v INS, 2003 WL 21054724 (Not selected for publication in the Federal Reporter) (9th Cir. May 6, 2003)(California conviction of burglary, in violation of Penal Code § 459, constituted an aggravated felony under INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G), despite the fact that the statute does not require an unlawful entry as required by United States v. Taylor, since the charge to which a plea was entered alleged unlawful entry).

A California burglary offense is not necessarily a theft offense or a crime involving moral turpitude, and is divisible on the basis that burglary can be committed by any entry (unlawful or not), with the intent to commit a theft or any felony. People v. Montoya, 7 Cal.4th 1027, 1042-1043 (1994). Use Note: When entering a plea to burglary, be sure the defendant is entering a plea to an entry (not unlawful entry), to commit theft OR [not and] any felony.

Gonzalez v. Ashcroft, ___ F.Supp.2d ___ (S.D.N.Y. April 29, 2005) (New York conviction for "use of a child in a sexual performance" under New York Penal Law ("N.Y.P.L.") 263.05, did not constitute an offense relating to child pornography, and was therefore not an aggravated felony under INA 101(a)(43)(I), 8 U.S.C.

Ashcroft v. ACLU, 124 S.Ct. 2783 (June 29, 2004) (Child Online Pornography Act, 47 U.S.C. 231, found likely to violate the First Amendment; preliminary injunction against its application was therefore upheld).
http://laws.lp.findlaw.com/us/000/03-218.html

United States v. McCoy, 323 F.3d 1114 (9th Cir. March 20, 2003) (18 U.S.C. § 2252(a)(4)(B), prohibiting possession of child pornography, is unconstitutional as applied to simple intrastate possession of a visual depiction that has not been transported in interstate commerce and is not intended for interstate distribution, or for economic or commercial use). http://caselaw.lp.findlaw.com/data2/circs/9th/0150495p.pdf