What is the test for a "crime of violence" under section 16(b) of the Connecticut Criminal Code?
MultiRegion, United States of America
The following excerpt is from Chery v. Ashcroft, 347 F.3d 404 (2nd Cir. 2003):
A "crime of violence" under 16(b) has two elements: (1) a crime that is a felony; and (2) a crime that, "by its nature, involves a substantial risk that physical force" may be used. Sutherland v. Reno, 228 F.3d 171, 175 (2d Cir.2000). Chery cannot dispute that he was convicted of a felony. He maintains, however, that his conviction under 53a-71 of the Connecticut statute does not involve a substantial risk of physical force.
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