Book updates to AF (Aggravated Felonies)

CRIME OF VIOLENCE - FIREARM USE - EVADING AN OFFICER

Reyes-Alcaraz
v. Ashcroft, 363 F.3d 937 (9th Cir. Apr. 8, 2004) (California
conviction of exhibiting a deadly weapon with intent to resist
arrest, in violation of California Penal Code § 417.8, is
a crime of violence and thus an "aggravated felony"
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - ASSAULT WITH INJURY - MAYHEM

Ruiz-Morales v.
Ashcroft, 361 F.3d 1219 (9th Cir. Mar. 24, 2004) (California
conviction of mayhem, under California Penal Code § 203, punishing
unlawful and malicious disfigurement or dismemberment, is
an aggravated felony crime of violence for immigration purposes).

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - FLIGHT FROM OFFICER

United States v. Campos-Fuerte,
357 F.3d 956 (9th Cir. Feb. 4, 2004) (California conviction
of fleeing from an officer by driving a vehicle in a willful
or wanton manner, in violation of California Vehicle Code
§ 2800.2, constitutes a crime of violence under 18 U.S.C.
§ 16(b), and is therefore an aggravated felony under INA
101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of
enhancing an illegal re-entry sentence).

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - RESIDENTIAL BURGLARY

United States v. Wenner,
351 F.3d 969 (9th Cir. Dec. 12, 2003) (Washington conviction
of residential burglary, in violation of Wash. Rev. Code §
9A.52.025(1), is not a "burglary of a dwelling"
crime of violence as defined by U.S.S.G. § 4B1.2(a)(2), since
the statute classifies railway cars, fenced areas, and cargo
containers as dwellings although they are not structures under
Taylor v. United States, 495 U.S.

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - LEWD ACT WITH CHILD

United States v. Medina-Maella,
351 F.3d 944 (9th Cir. Dec. 10, 2003) (California conviction
for lewd or lascivious acts upon a child under the age of
14 years, under California Penal Code § 288, constitutes a
"crime of violence" for purposes of unlawful re-entry
under U.S.S.G. § 2L1.2, even though the offense does not have
force as an element; recent amendments to U.S.S.G. § 2L1.2
irrelevant).

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - VEHICULAR ASSAULT

United States v. Grajeda-Ramirez,
348 F.3d 1123 (9th Cir. Nov. 12, 2003) (Colorado conviction
of reckless vehicular assault, in violation of Colo.Rev.Stat.
§ 18-3-205(1)(a), is a "crime of violence" for the
purposes of the U.S.S.G.).

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - CHILD ABUSE

United States v. Contreras-Salas,
387 F.3d 1095 (9th Cir. Nov. 3, 2004) (Nevada conviction of
child abuse under Nev. Rev. Statutes § 200.508 does not qualify
as a crime of violence for purposes of enhancement of sentence
for unlawful re-entry after deportation, since statute may
be violated by negligence alone, and record of conviction
was unclear as to level of intent).

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - HARASSMENT

Singh v. Ashcroft, 386 F.3d 1228
(9th Cir. Oct. 21, 2004) (Oregon conviction under Or. Rev.
Stat.

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - ASSAULT

United States v. Sandoval, 390 F.3d
1077 (9th Cir. Aug. 19, 2004) (Washington Assault in the Third
Degree is not a crime of violence for sentencing purposes
since the statute may be violated through an unlawful touching
that does not involve substantial physical force or seriously
risk physical injury).

jurisdiction: 
Ninth Circuit

CRIME OF VIOLENCE - ABUSIVE SEXUAL CONTACT

United States v. Granbois,
376 F.3d 993 (9th Cir. July 22, 2004) (federal conviction
under 18 U.S.C. § 2244(a)(3), sexual contact with a child,
is a "crime of violence" for purposes of the Career
Offender Guideline, U.S.S.G. § 4B1.1); see United States v.
Pereira-Salmeron, 337 F.3d 1148 (9th Cir. Aug.

jurisdiction: 
Ninth Circuit

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