United
States v. Meraz-Enriquez, __ F.3d __, 2006 WL 515477 (5th
Cir. Mar. 3, 2006) (Kansas conviction of attempted sexual
battery, in violation of Kan. Stat. Ann. § 21- 3518, which
punishes a sexual touching of a person who is too intoxicated
to be able to give consent to the touching, is not a crime
of violence for illegal re-entry sentencing purposes because
the offense does not require the use of force).

United States v. Martinez-Garcia, 268 F.3d
460 (7th Cir. Sept. 28, 2001), cert. denied, 122 S.Ct. 1111
(2002) (Illinois conviction of burglary of vehicle with intent
to commit theft constituted "attempt", under INA
§ 101(a)(43)(U), 8 U.S.C. § 1101(a)(43)(U), to commit a "theft
offense" under INA § 101(a)(43)(G), 8 U.S.C.

United States v. Hernandez-Valdovinos,
352 F.3d 1243 (9th Cir. Dec. 17, 2003) (Arizona attempted
sale conviction, in violation of A.R.S. § 13-3408, constituted
drug trafficking offense for illegal re-entry sentence enhancement
purposes, under U.S.S.G. § 2L1.2).

United States v. Ceron-Sanchez,
222 F.3d 1169 (9th Cir. July 26, 2000) (Arizona conviction
for attempted aggravated assault with a deadly weapon or deadly
instrument, in violation of Ariz. Rev. Stat. §§ 13-1001 and
13-1204(A)(2) and (B), constitutes an aggravated felony 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. §
2L1.2(b)(1)(A)).

United States v. Vidal, 426
F.3d 1011 (9th Cir. Oct. 24, 2005) (California conviction
of unlawful taking of a vehicle, in violation of Vehicle Code
§ 10851, constitutes an aggravated felony under the U.S.S.G.,
for purposes of an eight-level increase in the base offense
level for an illegal re-entry sentence).

Martinez-Perez v. Ashcroft, 417
F.3d 1022 (9th Cir. Aug. 2, 2005) (California conviction for
grand theft by taking property from the person of another,
in violation of Penal Code § 487(c), is not an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C.

Penuliar v.
Ashcroft, 395 F.3d 1037 (9th Cir. Jan. 12, 2005) (California
conviction of unlawful driving or taking a vehicle, in violation
of Vehicle Code § 10851(a), was not a theft offense, within
the meaning of INA § 101(a)(43)(G), 8 U.S.C.

Martinez-Perez v. Ashcroft, 393
F.3d 1018 (9th Cir. Dec. 29, 2004) (California conviction
for grand theft by taking property from the person of another,
in violation of Penal Code § 487(c), constitutes a theft offense,
and therefore is an aggravated felony under INA § 101(a)(43)(G),
8 U.S.C.

Patel v. Ashcroft, 294 F.3d 465 (3d Cir. June 20,
2002) (federal conviction of harboring an undocumented noncitizen,
in violation of INA § 101(a)(1)(A), 8 U.S.C. § 1324(a)(1)(A),
met the definition of an "aggravated felony" under
INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N), for immigration
purposes, despite the fact that defendant had no part in the
harbored persons illegal admission or entry).

Gavilan-Cuate v. Yetter, 276 F.3d 418 (8th Cir.
Jan. 9, 2002) (federal conviction of conspiracy to transport
and harbor illegal aliens, in violation of INA §§ 274(a)(1)(A)(ii)
and (iii), 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (iii), constituted
aggravated felony under INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N),
despite parenthetical mentioning smuggling).