Sunday, May 28, 2006

Aggravated Felony Case Discussions

Divisibility: Canada v. Gonzales, No. 03-40051 (2d Cir. May 18, 2006): can divide statute for assault of peace officer to be a crime of violence by separating out portions of the statute, even if those portions were not separately numbered subsections.

Crime of Violence: Vargas-Sarmiento v. DOJ, No. 04-0241, (2d Cir. May 8, 2006): under section 16(b), crime of violence includes felonies that, by their nature, involve a substantial risk of using physical force during the crime. The risk must be intentional, not merely a negligent act. Burglary, hiring a hit man, unlawful imprisonment, statutory rape, and escape have been held by various courts to be crimes of violence. DWI is not a crime of violence. In this case, the Second Circuit held that NY first-degree manslaughter is a crime of violence. Physical force can include placing poison where it'd be eaten or wearing away car brake pads so that the force of an accident will hurt the driver.


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