Book updates to AF (Aggravated Felonies)

THEFT OF SERVICES - THEFT OFFENSE

Ilchuk v. Attorney General, 434
F.3d 618 (3d Cir. Jan. 17, 2006) (Pennsylvania conviction
of theft of services, in violation of 18 Penn. Consol. Stats.
Ann.

jurisdiction: 
Third Circuit

RESIDENTIAL BURGLARY - CRIME OF VIOLENCE

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

BURGLARY

United States v. Velasco-Medina, 305 F.3d 839 (9th Cir. Aug.
12, 2002) (California conviction of second-degree burglary,
in violation of California Penal Code § 459, was an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G),
for purposes of imposition of a sixteen-level sentencing enhancement
under U.S.S.G.

jurisdiction: 
Ninth Circuit

BURGLARY - CRIME OF VIOLENCE

United States v. Sandoval-Venegas, 292
F.3d 1101 (9th Cir. June 14, 2002) (California conviction
of violating Penal Code § 459 (burglary) not a crime of violence
for purposes of federal career criminal enhancement of bank
robbery sentence under U.S.S.G. § 4B1.1, 4B1.2(a), where
record of conviction did not establish that burglary was of
a dwelling).

jurisdiction: 
Ninth Circuit

AUTO BURGLARY - BURGLARY

Ye v. INS, 214 F.3d 1128 (9th Cir. June
9, 2000) (California conviction of vehicle burglary in violation
of California Penal Code § 459 did not constitute "burglary"
within the federal aggravated felony definition, INA § 101(a)(43)(G),
8 U.S.C. § 1101(a)(43)(G), nor "crime of violence"
within INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Ninth Circuit

UNLAWFUL ENTRY - BURGLARY

United States v. Parker, 5 F.3d 1322, 1325
(9th Cir. Sept. 28, 1993) (California Information charging
burglary did not satisfy Taylor because of failure to allege
"unlawful or unprivileged" entry).

jurisdiction: 
Ninth Circuit

SOLICITATION TO COMMIT BURGLARY - CRIME OF VIOLENCE

United States v. Cornelio-Pena,
435 F.3d 1279 (10th Cir. Jan. 30, 2006) (Arizona conviction
of solicitation to commit second-degree burglary of a dwelling,
in violation of Ariz. Rev. Stat. § 13-1002, 1507, is a crime
of violence under U.S.S.G.

jurisdiction: 
Tenth Circuit

BURGLARY - CRIME OF VIOLENCE

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

BURGLARY - CRIME OF VIOLENCE

United States v. Frias-Trujillo, 9 F.3d
875 (10th Cir. Nov. 9, 1993) (Texas burglary conviction was
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 sentencing enhancement under
§ 2L1.2(b)(2) for illegal re-entry conviction).

jurisdiction: 
Tenth Circuit

BURGLARY OF DWELLING - CRIME OF VIOLENCE

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

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