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 - 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 - POSSESSION OF ASSAULT WEAPON
United States v. Serna, ___ F.3d ___ (9th Cir. Jan. 23, 2006) (sentence for felon in possession of a firearm vacated since prior conviction for possession of assault weapon in violation of California Penal Code 12280(b) was not "crime of violence" under the federal Sentencing Guidelines for purposes of sentence enhancement).
http://caselaw.lp.findlaw.com/data2/circs/9th/0410597p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - UNLAWFUL SEX WITH A MINOR - HELD NOT TO BE A CRIME OF VIOLENCE
Valencia v. Gonzales, ___ F.3d ___, 2005 WL 3358678 (9th Cir. Dec. 12, 2005) (original opinion, 406 F.3d 1154, superseded and withdrawn on denial of rehearing and rehearing en banc) (California conviction of engaging in unlawful sexual intercourse with a minor who is more than three years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.
AGGRAVATED FELONY - CRIME OF VIOLENCE
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
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.