AGGRAVATED FELONY - DRUG TRAFFICKING - SIMPLE POSSESSION
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 ...
AGGRAVATED FELONY - CRIME OF VIOLENCE - ATTEMPTING TO ELUDE POLICE VEHICLE
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
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.
AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 U.S.C. 16(a) - 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(a), and therefore not a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C.
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).