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Immigration Litigation Update 5th Cir: burglary of residence still crime of violence
Immigration Litigation Update 5th Cir: burglary of residence still crime of violence | 5th Cir: burglary of residence still crime of violence |
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| Thursday, 02 October 2008 | |||||
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USA v. Cardenas-Cardenas (5th Cir. 9/25/08) PER CURIAM Jolly Benavides Haynes In illegal reentry / sentencing enhancement case, the CtApp found that James v. United States, 127 S. Ct. 1586, 1599-1600 (2007), did not overturn United States v. Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir. 2005), which held that burglary of a habitation was a crime of violence. The CtApp first held that the analysis in James was dicta, and second, that the FL offense in James included trespass onto the land (curtilage) around home, whereas TX offense only includes burglary of the actual house. http://www.ca5.uscourts.gov/opinions/pub/08/08-40210-CR0.wpd.pdf
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