A daily digest of immigration-related federal court decisions from around the United States.
First Circuit 1st Cir finds indecent assault a CoV because might resort to force if resisted | 1st Cir finds indecent assault a CoV because might resort to force if resisted |
|
|
| Monday, 17 March 2008 | |||||
|
Ramirez v. Mukasey (1st Cir. 3/14/08) GIBSON (8th Cir) Lynch Howard The 1st Cir concluded that felony "indecent assault" on person under 14 years of age involves a substantial risk that force would be used in the course of the offense - therefore a Crime of Violence and an Aggravated Felony
http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=07-1655.01A
Agreed with the 2d cir in Sutherland v. Reno, 228 F.3d 171 (2d Cir. 2000), and the prior 1st cir decision (in another context) in United States v. Leahy, 473 F.3d 401 (1st Cir.), cert. denied, 128 S. Ct. 374 (2007) - that there is a substantial risk that force could be used in the course of the offense.
[Because the offense is a felony offense, all that need be shown is that force could be used in the course of the offense; in other words, with indecent assault, there need not be force used in the actual indecent assault; it's enough that the assault (unconsented touching) might lead to force in the future. Of course, isn't this true of many types of criminal conduct? If I offensively touch someone, they might hit me and I might hit them back... It seems reasonable in this context, but there appears to be a slippery slope.]
Atty: Matt Cameron
Powered by !JoomlaComment 3.12 Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved. |
|||||
| < Prev | Next > |
|---|