Book updates to AF (Aggravated Felonies)

CRIME OF VIOLENCE - MENACING

United States v. Drummond, 240 F.3d
1333 (11th Cir. Feb. 8, 2001) (New York conviction for menacing,
in violation of N.Y. Penal Law § 120.14, qualified as an aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
for enhancing illegal re-entry sentence pursuant to U.S.S.G.
§ 2L1.2(b)(1)(A), because it was a crime of violence for which
the term of imprisonment was at least one year).

jurisdiction: 
Eleventh Circuit

CRIME OF VIOLENCE - BURGLARY OF DWELLING

United States v. Fuentes-Rivera,
323 F.3d 869 (11th Cir. Mar. 4, 2003) (California conviction
for burglary of an inhabited dwelling under Penal Code §
459, 460(a), was a "crime of violence," for purposes
of a 16-level enhancement under U.S.S.G.

jurisdiction: 
Eleventh Circuit

CRIME OF VIOLENCE - FALSE IMPRISONMENT

Brooks v. Ashcroft, 283 F.3d
1268, 1273 n.5 (11th Cir. Mar. 1, 2002) (Florida conviction
of false imprisonment under Fla. Stat. § 787.02 is a crime
of violence under 18 U.S.C. § 16, and thus an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
purposes of deportation).

jurisdiction: 
Eleventh Circuit

CRIME OF VIOLENCE - DRIVING UNDER THE INFLUENCE WITH INJURY

Le v.
U.S. Atty. Gen., 196 F.3d 1352 (11th Cir. Dec. 3, 1999) (Florida
conviction of driving under the influence with serious bodily
injury, in violation of F.S.A. § 316.193(3), was a "crime
of violence," under 18 U.S.C. § 16(b), as required to
be an "aggravated felony" under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for immigration purposes).

jurisdiction: 
Eleventh Circuit

CRIME OF VIOLENCE - LEWD ASSAULT OF MINOR

United States v. Rutherford,
175 F.3d 899 (11th Cir. May 13, 1999) (Florida conviction
for lewd assault of minor, in violation of Florida Statutes
§ 800.04, was a crime of violence for purposes of sentencing
defendant as a career offender under U.S.S.G. § 4B1.1).

jurisdiction: 
Eleventh Circuit

CRIME OF VIOLENCE - BURGLARY

United States v. Soto-Ornelas, 312
F.3d 1167 (10th Cir. Dec. 3, 2002) (conviction of burglary
of a dwelling constitutes a crime of violence, and thus an
aggravated felony conviction under INA § 101(a)(43)(F), 8
U.S.C. § 1101(a)(43)(F), for purposes of 16-level illegal
re-entry sentence enhancement pursuant to U.S.S.G. § 2.L1.2,
comment n. 1(B)(ii)(II) (2001)).

jurisdiction: 
Tenth Circuit

CRIME OF VIOLENCE - CRUELTY TO CHILD

United States v. Saenz-Mendoza,
287 F.3d 1011 (10th Cir. Apr. 26, 2002) (Utah misdemeanor
conviction of child abuse, cruelty toward a child, constituted
an "aggravated felony" as defined in INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for purposes of sentence enhancement
under U.S.S.G. § 2L1.2(b)(2), for illegal re-entry).

jurisdiction: 
Tenth Circuit

CRIME OF VIOLENCE - DRIVING UNDER THE INFLUENCE

Tapia-Garcia v.
INS, 237 F.3d 1216 (10th Cir. Jan. 19, 2001) (Idaho conviction
of DUI drugs or alcohol offense, in violation of section 18-8004(5)
of the Idaho Code, constituted a crime of violence and was
therefore an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), triggering deportation).

jurisdiction: 
Tenth Circuit

CRIME OF VIOLENCE - SEX OFFENSE WITH CHILD

United States v. Coronado-Cervantes,
154 F.3d 1242 (10th Cir. Sept. 18, 1998) (federal conviction
of knowingly engaging in sexual contact with Native American
juvenile under 12 years of age, in violation of 18 U.S.C.
§ 1153, 2244(a)(1), 2245(3), was "crime of violence"
and thus was predicate to federal sentence as career offender).

jurisdiction: 
Tenth Circuit

CRIME OF VIOLENCE - SEX OFFENSE OF CHILD

United States v. Reyes-Castro,
13 F.3d 377 (10th Cir. Dec. 30, 1993) (Utah conviction of
attempted sexual abuse of child, in violation of Utah Code
Ann. § 76-5-404.1(1) (1990), was crime of violence under 18
U.S.C. § 16(b), and thus an aggravated felony under INA
101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Tenth Circuit

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