AGGRAVATED FELONY AIDING AND ABETTING - THEFT
United States v. Vidal, 426 F.3d 1011 (9th Cir. Oct. 24, 2005) ", decision withdrawn pending hearing en banc, United States v. Vidal, __ F.3d__, 2006 WL 1822282 (9th Cir. Jun 29, 2006)." (California conviction of unlawful taking of a vehicle, in violation of Vehicle Code 10851, constitutes an aggravated felony under the US Sentencing Guidelines, for purposes of an eight-level increase in the base offense level for an illegal reentry sentence).
THEFT - FRAUDULENT USE OF A CREDIT CARD
Soliman v. Gonzalez, 419 F.3d 276 (4th Cir. Aug. 22, 2005) (fraudulent use of a credit card, in violation of Virginia Code 18.2-195, where the actor uses a credit card belonging to a different person without that persons authorization to obtain something of value is not an aggravated felony theft offense, but a fraud offense).
AGGRAVATED FELONY - THEFT - DIFFERS FROM FRAUD
Soliman v. Gonzales, __ F.3d __ (4th Cir. Aug. 22, 2005) (fraudulent use of a credit card," in violation of Virginia Code 18.2-195, with intent to obtain $200.00 in property, is not an aggravated felony theft offense; the BIA erred in finding that fraud offenses necessarily included theft; theft is distinguishable from fraud, in that theft requires the taking of property without consent, while fraud requires an intent to deprive through consent obtained through misrepresentation).
http://caselaw.lp.findlaw.com/data2/circs/4th/041990p.pdf
AGGRAVATED FELONY - SOLICITATION - DRUG TRAFFICKING
United States v. Shumate, 329 F.3d 1026, 1030-1031 (9th Cir. 2003) (the omission of solicitation from the offenses listed in the application note as included in USSG 4B1.1 as predicate offenses was not legally significant because, under the Guidelines, the term "includes" is not exhaustive, conviction of solicitation of delivery of marijuana is a controlled substance offense for purposes of a career offender enhancement); United States v. Liranzo, 944 F.2d 73, 78-79 (2d Cir.
AGGRAVATED FELONY - SOLICITATION - CRIME OF VIOLENCE
United States v. Cornelio-Pena, ___ F.3d ___, 2006 WL 218189 (10th Cir. Jan. 30, 2006) (Arizona conviction of solicitation to commit second-degree burglary of a dwelling, in violation of Ariz. Rev. Stat. 13-1002, 1507, is a crime of violence under USSG 2L1.2(b)(1)(A)(ii), justifying a 16-level sentence enhancement for illegal reentry, even though the Guidelines do not expressly list solicitation where they "include" "aiding and abetting, conspiring, and attempting, to commit such offenses." USSG 2L1 .2 cmt. application n.
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - SOLICITATION OF A SEXUAL ACT RECORD OF CONVICTION - FACT OF VICTIMS AGE IN CRIMINAL COMPLAINT, ALTHOUGH NOT REQUIRED TO CONVICT, IS SUFFICIENT TO PROVE SEXUAL ABUSE OF A MINOR
Gattem v. Gonzalez, __ F.3d __, 2005 WL 1422373 (7th Cir. June 20, 2005) (misdemeanor solicitation to engage in a sexual act, in violation of Illinois law, 720 ILCS 5/11-14.1(a), is an aggravated felony, sexual abuse of a minor, offense for immigration purposes where the criminal complaint [and no other document] shows that the victim was under the age of 18)
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR
Parrilla v. Gonzales, ___ F.3d ___, 2005 WL 1606506 (July 11, 2005) (Washington conviction of communication with a minor for immoral purposes, in violation of Washington Revised Code section 9.68A.090, was not on its fact an aggravated felony because it did not categorically meet the definition of "sexual abuse of a minor" under INA 101(a)(43)(A), 8 U.S.C.
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - CHILD PORNOGRAPHY
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.
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - WASHINGTON CONVICTION OF COMMUNICATING WITH A MINOR FOR IMMORAL PURPOSES HELD NOT TO BE SEXUAL ABUSE OF A MINOR UNDER A CATEGORICAL ANALYSIS, BUT WAS A DIVISIBLE STATUTE
Parrilla v. Gonzales, ___ F.3d ___, 2005 WL 1606506 (9th Cir. July 11, 2005) (Washington conviction of communication with a minor for immoral purposes, in violation of Washington Revised Code 9.68A.090, was an aggravated felony that met the definition of "sexual abuse of a minor" under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), applying the modified categorical approach to a divisible statue, and therefore disqualified the noncitizen from eligibility for cancellation of removal).
http://caselaw.lp.findlaw.com/data2/circs/9th/0374010p.pdf
ILLEGAL REENTRY - SENTENCE - COURT OF APPEAL LACKED JURISDICTION TO REVIEW CLAIM THAT DISTRICT JUDGE ERRED IN FAILING TO DEPART DOWNWARD BASED ON CULTURAL ASSIMILATION
United States v. Melendez-Torres, ___ F.3d ___, 2005 WL 2037351 (1st Cir. August 25, 2005) (court of appeal lacked jurisdiction to review claim that district judge erred in failing to depart downward based on cultural assimilation).