Book updates to AF (Aggravated Felonies)

CRIME OF VIOLENCE - AUTO BURGLARY

United States v. Ramos-Garcia,
95 F.3d 369 (5th Cir. Sept. 5, 1996), cert. denied, 519 U.S.
1083 (1997) (Texas conviction for burglary of vehicle in violation
of Penal Code § 30.04 (1993) was an "aggravated felony
" under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)
within meaning of U.S.S.G. § 2L1.2(b) sentence enhancement
for illegal re-entry after deportation, despite change in
Texas law, Texas Penal Code Ann.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - AUTO BURGLARY

United States v. Rodriguez-Guzman,
56 F.3d 18 (5th Cir. June 6, 1995) (Texas conviction for burglary
of automobile, in violation of Texas Penal Code § 30.04 (1994),
was a crime of violence, as defined in 18 U.S.C. § 16(b),
constituting an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for purposes of sentencing enhancement
under U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - COMMERCIAL BURGLARY

United States v. Rodriguez-Guzman,
56 F.3d 18 (5th Cir. June 6, 1995) (Texas conviction for burglary
of nonresidential building in violation of Texas Penal Code
§ 30.02 (1994), was a crime of violence, as defined in 18
U.S.C. § 16(b), constituting an aggravated felony under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes of
sentencing enhancement under U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - BURGLARY OF DWELLING

United States v. Guadardo,
40 F.3d 102 (5th Cir. Dec. 2, 1994) (Texas conviction of burglary
of habitation in violation of Texas Penal Code § 30.02 was
a crime of violence, as defined in 18 U.S.C. § 16(b), constituting
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
1101(a)(43)(F), for purposes of sentencing enhancement under
U.S.S.G. § 2L1.2(b)(2) for illegal re-entry after deportation).

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - SEXUAL ABUSE OF MINOR

Patel v. Ashcroft, 401
F.3d 400 (6th Cir. Mar. 8, 2005) (Illinois conviction of criminal
sexual abuse, in violation of 720 Ill. Comp. Stat. § 5/12-15,
constituted a crime of violence under 18 U.S.C. § 16(b), and
was therefore an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C.

jurisdiction: 
Sixth Circuit

CRIME OF VIOLENCE - ASSAULT WITH INTENT TO COMMIT SEXUAL BATTERY

United States v. Arnold, 58 F.3d 1117, 1122 n. 4 (6th Cir.
July 13, 1995) (Tennessee conviction for assault with intent
to commit sexual battery is not categorically a "crime
of violence" for purposes of 18 U.S.C. § 922(g)(1) (felon
with a firearm) because the minimum conduct of the offense
can be committed through force or coercion).

jurisdiction: 
Sixth Circuit

CRIME OF VIOLENCE - DISCHARGE OF A FIREARM

Quezada-Luna
v. Gonzalez, __ F.3d __, 2006 WL 508716 (7th Cir.
Mar.

jurisdiction: 
Seventh Circuit

CRIME OF VIOLENCE - DISCHARGING A FIREARM

United States v. Jaimes-Jaimes,
406 F.3d 845 (7th Cir. May 4, 2005) (Wisconsin conviction
for discharging a firearm into a vehicle or building, in violation
of W.S.A. § 941.20(2)(a), was not a conviction for a "crime
of violence" so as to warrant a 16-level increase in
the offense level under U.S.S.G.

jurisdiction: 
Seventh Circuit

CRIME OF VIOLENCE - HARASSMENT

Szucz-Toldy v. Gonzalez, 400 F.3d
978 (7th Cir. Mar.

jurisdiction: 
Seventh Circuit

CRIME OF VIOLENCE - AUTO BURGLARY

Santos v. Reno, 228 F.3d 591 (5th
Cir. Sept. 26, 2000) (Texas conviction of burglary of vehicle,
in violation of Texas Penal Code § 30.04(c), with sentence
of five years deferred adjudication, constituted crime of
violence and was therefore an aggravated felony under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for purposes of
deportation).

jurisdiction: 
Fifth Circuit

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