United States Ninth Circuit

Under Arizona law, felony endangerment is not, categorically, an aggravated felony because (under relevant statutes) risk of "physical injury" differs from risk of "physical force" being used, thus an aggravated felony enhancement to appellant's illegal reentry sentence was improper.

Appellate Information

• Argued 04/10/2002
• Decided 04/25/2002
• Published 04/25/2002

Judges

• THOMAS, Circuit Judge., Before BEEZER, THOMAS, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Douglas R. Zanes, Reyna & Zanes, Tucson, AZ, for the defendant-appellant., Christina M. Cabanillas, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.