Updates to criminal defense

IMMIGRATION PROCEEDINGS

Dababneh v. Gonzales, __ F.3d __ (7th Cir. Dec. 20, 2006) (Department of Homeland Security may indicate in the NTA that it will give the alien subsequent notice of the precise time and place of the hearing once it files the NTA with the appropriate immigration court).
http://caselaw.lp.findlaw.com/data2/circs/7th/054001p.pdf

jurisdiction: 
0

AGGRAVATED FELONY - DRUG TRAFFICKING

Ballesteros v. Gonzales, ___ F.3d ___, 2007 WL 926831 (10th Cir. March 29, 2007) (Idaho felony conviction of possession of a controlled substance, reversing Ballesteros v. Gonzales, 452 F.3d 1153 (10th Cir. 2006), only to the extent the prior decision is inconsistent Lopez v. Gonzalez, 127 S.Ct. 625 (2006)).

jurisdiction: 
Tenth Circuit

SENTENCE - SUSPENDED SENTENCE - ILLEGAL RE-ENTRY SENTENCING

United States v. Alvarez-Hernandez, __ F.3d __, 2007 WL 601991 (9th Cir. Feb. 28, 2007) (a sentence that has been suspended in full [i.e. defendant served no time in prison] does not trigger 12 level sentence enhancement under U.S.S.G. 2L1.2(b)(1)(B), for having a previous conviction for "a felony drug trafficking offense for which the sentence imposed was 13 months or less").

jurisdiction: 
0

INADMISSIBILITY - REASON TO BELIEVE

Lopez-Molina v. Ashcroft, 368 F.3d 1206, 1211 (9th Cir. 2004) (finding sufficient reason to believe the alien had committed illegal acts underlying previous drug trafficking arrest because the government submitted documents describing the police surveillance of the alien and the alien's subsequent attempt to escape with 147 pounds of marijuana).

jurisdiction: 
Ninth Circuit

CONVICTION - RECORD OF CONVICTION - MINUTE ORDER

United States v. Snellenberger, 480 F.3d 1187 (9th Cir. April 3, 2007) (a minute order, coupled with a charging document, is not sufficient under Shepard v. United States, 544 U.S. 13 (2005), to establish the nature of a prior conviction as a crime of violence for purposes of sentence enhancement for a conviction of illegal reentry after deportation); see United States v. Diaz-Argueta, 447 F.3d 1167, 1169 (9th Cir. 2006) (a minute order is "not a judicial record that can be relied upon" to establish the nature of a prior conviction).

jurisdiction: 
US Supreme Ct

POST CON RELIEF - GROUNDS - INEFFECTIVE COUNSEL - FAILURE TO ADVISE CONCERNING FOREIGN IMMIGRATION CONSEQUENCES

United States v. Ibekwe, 891 F. Supp. 587 (M.D. Fla. 1995) (defense counsel's failure to advise defendant before plea of adverse Nigerian immigration consequences of plea did not constitute ineffective assistance of counsel).

jurisdiction: 
Lower Courts of Eleventh Circuit

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - SOLICITATION OF A CHILD

United States v. Ramos-Sanchez, 483 F.3d 400 (5th Cir. Apr. 2, 2007) (Kansas conviction for violation of K.S.A. 21-3510(a)(1), solicitation of a child to perform an illegal sex act is "sexual abuse of a minor" and thus a "crime of violence" for illegal re-entry sentencing purposes, on the basis that the act "is abusive because of the psychological harm it can cause, even if any resulting sex is consensual").

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - DELIVERY OF A CONTROLLED SUBSTANCE

United States v. Gonzales, 484 F.3d 712 (5th Cir. 2007) (Texas conviction for delivery of a controlled substance, in violation of V.T.C.A., Health & Safety Code 481.112, was not a drug-trafficking offense for illegal re-entry sentence enhancement purposes, since the definition of "deliver" includes solicitation, and solicitation is not included as a non-substantive offense that can trigger a sentence enhancement under the 2004 version of U.S.S.G. 2L1.2).

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - SENTENCING CONTEXT - COMMON SENSE VS. CATEGORICAL APPROACH

United States v. Mungia-Portillo, 484 F.3d 813, 816 (5th Cir. Apr. 17, 2007) ("In deciding whether a prior statute of conviction qualifies as a crime of violence, this court has alternatively employed (1) a "common sense approach," defining the offense according to its "ordinary, contemporary, [and] common meaning," or (2) a "categorical approach," defining the offense according to a "generic, contemporary definition." Compare United States v. Izaguirre-Flores, 405 F.3d 270, 273-74 (5th Cir.2005), with United States v.

jurisdiction: 
Fourth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT

United States v. Mungia-Portillo, 484 F.3d 813, 816 (5th Cir. Apr. 17, 2007) (Tennessee conviction for aggravated assault, in violation of Tennessee Code 39-13-102, is a "crime of violence" for illegal re-entry sentencing purposes, applying the "common sense" analysis).

jurisdiction: 
Fifth Circuit

Archives

Sep 2010

Categories

Tags