Wednesday, June 27, 2007

Joy-Riding is an Aggravated Felony

U.S. v. Elizarde-Altamirano, 2007 WL 1765521 (6/20/07)(unpub'd) - Joy-riding that only requires an intent to temporarily deprive the owner of the use of the vehicle was a "theft" so as to qualify as an "aggravated felony" to result in an 8 level enhancement under USSG ยง 2L1.2(b)(1)(C). So what if this definition of theft is broader than that in the Model Penal Code.