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LEOCAL v. ASHCROFT

No. 03-583.

543 U.S. 1 (2004)

125 S.Ct. 377

160 L.Ed.2d 271

LEOCAL v. ASHCROFT, ATTORNEY GENERAL, ET AL.

Supreme Court of United States.

Decided November 9, 2004.

Attorney(s) appearing for the Case

J. Sedwick Sollers III argued the cause for petitioner. With him on the briefs were Patricia L. Maher and Michael J. Ciatti.

Dan Himmel farb argued the cause for respondents. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitors General Dreeben and Kneedler, Donald E. Keener, and Greg D. Mack.*

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Petitioner Josue Leocal, a Haitian citizen who is a lawful permanent resident of the United States, was convicted in 2000 of driving under the influence of alcohol (DUI) and causing serious bodily injury, in violation of Florida law. See Fla. Stat. § 316.193(3)(c)(2) (2003). Classifying this conviction as a "crime of violence" under 18 U. S. C. § 16, and therefore an "aggravated felony" under the...

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