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FRANCIS v. RENO

No. 00-2375.

269 F.3d 162 (2001)

Robert FRANCIS, Petitioner, v. Janet RENO, Attorney General; and Doris Meissner, Commissioner of the Immigration and Naturalization Service.

United States Court of Appeals, Third Circuit.

Filed October 16, 2001.

Attorney(s) appearing for the Case

Stephan D. Converse Esquire (Argued), Anderson, Converse & Finnick, P.C., 1423 East Market Street York, Pennsylvania 17403, Attorney for Petitioner.

David W. Ogden Assistant Attorney General, Civil Division, Linda S. Wendtland Assistant Director, Gretchen M. Wolfinger Esquire (Argued), Terri J. Scadron, Esquire Matthew R. Hall, Esquire Office of Immigration Litigation Civil Division, United States Department of Justice, P.O. Box 878, Ben Franklin Station Washington, D.C., 20044, Attorneys for Respondent.

BEFORE: SCIRICA, McKEE and STAPLETON, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge:

We are asked to decide if a state misdemeanor conviction for vehicular homicide is a "crime of violence" within the meaning of 18 U.S.C. § 16. Robert Francis was convicted of two counts of homicide by vehicle in Pennsylvania. Thereafter, the Immigration and Nationalization Service charged Francis with removability based upon its assertion that he had been convicted of an "aggravated felony" pursuant to the...

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