United States v. Alvarado-Hernandez, ___
F.3d ___, 2006 WL 2621650 (5th Cir. Sept. 14, 2006) (Texas
conviction for consensual sexual intercourse with a 14-year-old
victim in violation of Penal Code § 22.011(a)(2), met
the common-sense definition of crime of violence, for purposes
of imposing a sixteen-level upward adjustment for an illegal-reentry
conviction under U.S.S.G.
Xiong v. INS, 173 F.3d 601 (7th Cir.
Apr. 12, 1999) (Wisconsin conviction of "sexual contact
or sexual intercourse with a person who has not attained the
age of 16 years," in violation of W.S.A. § 948.02(2),
was not a "crime of violence," and thus was not
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
United States v. Gomez-Hernandez, 300 F.3d
974 (8th Cir. Aug. 28, 2002) (California conviction of unlawful
sexual intercourse with a minor, in violation of California
Penal Code § 261.5(d), is a crime of violence and therefore
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
1101(a)(43)(F), and justifies illegal re-entry sentence enhancement
under U.S.S.G. § 2L1.2(b)(1)(A)).
United States v. Bauer, 990 F.2d
373 (8th Cir. Apr. 1, 1993) (Iowa conviction of statutory
rape constituted crime of violence for purposes of career
offender enhancement, regardless whether act was consensual).
United States v. Lopez-Solis,
__ F.3d __, 2006 WL 1360075 (9th Cir.
Afridi
v. Gonzales, 442 F.3d 1212 (9th Cir. Apr. 4, 2006)
(California misdemeanor conviction of unlawful sexual intercourse
with a minor, in violation of Penal Code § 261.5(c), constituted
sexual abuse of a minor aggravated felony under INA § 101(a)(43)(A),
8 U.S.C.
Valencia v. Gonzales, 439 F.3d 1046 (9th Cir.
Mar. 6, 2006) (California conviction of engaging in unlawful
sexual intercourse with a minor who is more than three years
younger than the perpetrator under Penal Code § 261.5(c) is
not categorically a crime of violence under 18 U.S.C. § 16
for deportation purposes, since it does not have force as
an element, under 18 U.S.C.
Valencia v. Gonzales, 431 F.3d 673 (9th
Cir. Dec. 12, 2005) (California conviction of engaging in
unlawful sexual intercourse with a minor who is more than
three years younger than the perpetrator under Penal Code
§ 261.5(c) is not, absent aggravating factors, a crime of
violence under 18 U.S.C. § 16 for deportation purposes, since
it does not have force as an element, under 18 U.S.C.
Valencia v. Gonzales, 406 F.3d 1154
(9th Cir. May 12, 2005) (California conviction of unlawful
sexual intercourse with a person under 18 (here 17), in violation
of Penal Code § 261.5(c), with a five-year suspended sentence,
constituted a crime of violence aggravated felony under 18
U.S.C. § 16(b), within the meaning of INA 101(a)(43)(F),
8 U.S.C.
United States v. Alvarez-Gutierrez,
394 F.3d 1241 (9th Cir. Jan. 14, 2005) (Nevada conviction
for statutory sexual seduction, for having had sexual intercourse
with a 14-year-old girl, in violation of Nev.Rev.Stat. §
200.364, 368, punishable as a gross misdemeanor by a sentence
of up to one year, Nev.Rev.Stat.