AGGRAVATED FELONY - VEHICULAR HOMICIDE
Oyebanji v. Gonzales, 418 F.3d 260 (3rd Cir. Aug. 11, 2005) (vehicular homicide under New Jersey Statutes 2C:11-5, is not a crime of violence as defined by 18 U.S.C. 16, since the statue requires only a reckless intent)
http://caselaw.lp.findlaw.com/data2/circs/3rd/034143p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - SEXUAL BATTERY ILLEGAL REENTRY- SENTENCING
United States v. Lopez-Montanez, __ F.3d __ (9th Cir. Aug. 26, 2005) (sexual battery under California Penal Code 243.4, is not a categorical crime of violence under the federal Sentencing Guidelines, as the offense is not necessarily a "forcible" sex offense under U.S.S.G. 2L1.2, cmt. n. 1(B)(ii)). Compare Lisbey v. Gonzales, __ F.3d __ (9th Cir. Aug. 22, 2005) (sexual battery under California Penal Code 243.4 constitutes an aggravated felony for removal purposes, as the offense involves a substantial risk of physical force under 18 U.S.C. 16(b)).
AGGRAVATED FELONY - CRIME OF VIOLENCE - USE OF INTERSTATE COMMERCE FACILITIES FOR MURDER FOR HIRE
Ng v. Attorney General, ___ F.3d ___, 2006 WL 278879 (3d Cir. Feb. 7, 2006) (federal conviction of use of interstate commerce facilities in the commission of a murder-for-hire, in violation of 18 U.S.C. 1958, constitutes a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C.
AGGRAVATED FELONY - RHODE ISLAND CRIME OF VIOLENCE - THIRD-DEGREE SEXUAL ASSAULT
Aguilar v. Gonzales, ___ F.3d ___ (1st Cir. Feb. 16, 2006) (Rhode Island conviction of third-degree sexual assault, in violation of R.I. Gen. Laws 11-37-6 ["over the age of eighteen (18) and engaged in sexual penetration with another person over the age of fourteen (14) and under the age of consent, sixteen (16) years of age"], with two-year suspended term of imprisonment, constituted a "crime of violence" under 18 U.S.C.
AGGRAVATED FELONY - CRIME OF VIOLENCE - FALSE IMPRISONMENT - DIVISIBLE STATUTE
United States v. Hernandez-Hernandez, 431 F.3d 1212 (9th Cir. Dec. 16, 2005) (California conviction for false imprisonment, in violation of Penal Code 236, does not necessarily qualify as a crime of violence aggravated felony for purposes of applying a 16-level sentence enhancement for illegal reentry).
AGGRAVATED FELONY - CRIME OF VIOLENCE - MENS REA OF SPECIFIC INTENT REQUIRED
Singh v. Gonzales, ___ F.3d ___, 2005 WL 3579002 (3d Cir. Jan. 3, 2006) ("To qualify as a "crime of violence" within 18 U.S.C. 16(a), a criminal statute must require a mens rea of specific intent to use force; mere recklessness is insufficient. Tran, 414 F.3d at 470 (citing United States v. Parson, 955 F.2d 858, 866 (3d Cir. 1992))).
AGGRAVATED FELONY - CRIME OF VIOLENCE - DISTINCTION BETWEEN USE OF FORCE AND INFLICTION OF INJURY - UNLAWFUL SEX WITH A MINOR
Valencia v. Gonzales, ___ F.3d ___, 2006 WL 522452 (9th Cir. Mar. 6, 2006) (California conviction of unlawful sexual intercourse with a person under 18 years of age, who is more than three years younger than the perpetrator, in violation of California Penal Code 261.5(c), for which a sentence of one year had been imposed, is not a crime of violence under 18 U.S.C. 16(b), and therefore not a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C.
RECORD OF CONVICTION - JUDICIAL NOTICE - AGE OF THE DEFENDANT - PROBABLY NOT A PROPER SUBJECT OF JUDICIAL NOTICE AGGRAVATED FELONY - CRIME OF VIOLENCE - SEXUAL ABUSE OF A MINOR
Valencia v. Gonzales, ___ F.3d ___, 2006 WL 522452 (9th Cir. Mar. 6, 2006) (court of appeal declined to take judicial notice of age of defendant in applying modified categorical analysis to California conviction of unlawful sex with person under 18 years, in violation of California Penal Code 261.5(c), to determine whether the record of conviction established a substantial risk that force may be used in committing the offense to bring the conviction within the definition of a crime of violence under 18 U.S.C. 16(b)), withdrawing and replacing 431 F.3d 673 (9th Cir. December 12, 2005).
AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 U.S.C. 16(b) - UNLAWFUL SEX WITH A MINOR - MODIFIED CATEGORICAL ANALYSIS DOES NOT BRING CONVICTION WITHIN AGGRAVATED FELONY DEFINITION BECAUSE IT DOES NOT ESTABLISH AGGRAVATING FACTORS, SUCH AS USE OF A THREAT O
Valencia v. Gonzales, ___ F.3d ___, 2006 WL 522452 (9th Cir. Mar. 6, 2006)(California conviction of unlawful sexual intercourse with a person under 18 years of age, who is more than three years younger than the perpetrator, in violation of California Penal Code 261.5(c), is not categorically a crime of violence under 18 U.S.C. 16(b), or an aggravated felony under INA 101(a)(43)(F), 8 U.S.C.
AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 U.S.C. 16(b) - UNLAWFUL SEX WITH A MINOR
Valencia v. Gonzales, ___ F.3d ___, 2006 WL 522452 (9th Cir. Mar. 6, 2006) (California conviction of unlawful sexual intercourse with a person under 18 years of age, who is more than three years younger than the perpetrator, in violation of California Penal Code 261.5(c), for which a sentence of one year had been imposed, is not a crime of violence under 18 U.S.C. 16(b), and therefore not a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C.