Book updates to AF (Aggravated Felonies)

CRIME OF VIOLENCE - MENACING

United States v. Landeros-Arreola,
260 F.3d 407 (5th Cir.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - INTOXICATION ASSAULT

United States v. Vargas-Duran,
356 F.3d 598 (5th Cir. Jan. 8, 2004) (en banc) (Texas conviction
of intoxication assault - "by accident or mistake, while
operating an aircraft, watercraft or motor vehicle in a public
place while intoxicated, by reason of that intoxication causes
serious bodily injury to another." - in violation of
Tex.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - POSSESSION OF SHORT-BARRELED SHOTGUN

United
States v. Rivas-Palacios, 244 F.3d 396 (5th Cir. Mar. 9, 2001)
(Texas conviction for unlawful possession of an unregistered
short-barreled shotgun is an aggravated felony crime of violence
for illegal re-entry sentencing purposes), following United
States v. Dunn, 946 F.2d 615, 620-21 (9th Cir. 1991), cert.
denied, 502 U.S. 950, 112 S.Ct. 401 (1991) (involving a sawed-off
shotgun).

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - CHILD ENDANGERMENT

United States v. Calderon-Pena,
339 F.3d 320 (5th Cir. July 17, 2003) (Texas conviction of
child endangerment, in violation of Texas Penal Code § 22.041(c),
would not on its face constitute a crime of violence under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of illegal re-entry sentence enhancement under U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - DRIVING UNDER THE INFLUENCE

United States v.
Chapa-Garza, 243 F.3d 921 (5th Cir. Mar. 1, 2001), rehearing
and rehearing en banc denied, 262 F.3d 479 (5th Cir. Aug.
20, 2001) (Texas conviction for felony driving while intoxicated,
under Tex.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - POSSESSION OF SAWED-OFF SHOTGUN

United States
v. Diaz-Diaz, 327 F.3d 410 (5th Cir. Apr. 3, 2003) (Texas
conviction for possession of a prohibited weapon - a short-barrel
firearm - in violation of Tex. Penal Code § 46.05, did not
constitute a crime of violence aggravated felony under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes of
a 16-level sentence enhancement for illegal re-entry pursuant
to U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - POSSESSION OF DEADLY WEAPON

United States v.
Medina-Anicacio, 325 F.3d 638 (5th Cir. Mar. 24, 2003) (California
conviction of possession of a deadly weapon a dirk or dagger
in violation of Penal Code § 12020(a), does not constitute
a "crime of violence" within the meaning of 18 U.S.C.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - UNAUTHORIZED USE OF MOTOR VEHICLE

United States
v. Rodriguez-Rodriguez, 323 F.3d 317 (5th Cir. Feb. 27, 2003)
(Texas conviction of unauthorized use of a motor vehicle,
in violation of Texas Penal Code Ann. § 30.02(a), is not a
crime of violence within the meaning of U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - BURGLARY OF BUILDING

United States v. Rodriguez-Rodriguez,
323 F.3d 317 (5th Cir. Feb. 27, 2003) (Texas conviction of
burglary of a building, in violation of Texas Penal Code Ann.
§ 31.07(a), is not a crime of violence within the meaning
of U.S.S.G.

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - INTOXICATION ASSAULT

United States v. Vargas-Duran,
319 F.3d 194 (5th Cir. Jan. 16, 2003) (Texas conviction for
intoxication assault, which requires proof that an intoxicated
offender "cause[] serious bodily injury to another,"
in violation of Penal Code Ann. § 49.07, qualified as a "crime
of violence," for purposes of the 16-level sentencing
enhancement under U.S.S.G.

jurisdiction: 
Fifth Circuit

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