Brown v. Swarthout

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, when the record does not support a modified categorical approach, “[w]e instead look to ‘the least of [the] acts’ proscribed by the statute” (alteration in original) (quoting Curtis Johnson v. United States, 559 U.S. at 137)
• \New York's first-degree robbery statute is divisible and therefore subject to the modified categorical approach.\
• “New York's first-degree robbery statute is divisible and therefore subject to the modified categorical approach.”
• “it would seem that . . . robbery of any degree in New York qualifies as a crime of violence”
• “Under the categorical approach we must confine our inquiry to the legal elements of the state statute without at all considering the facts of the underlying crime.”
• “With only one exception not relevant here, district courts are to sentence defendants pursuant to the version of the Guidelines in effect on the date of sentencing.”

Source: CourtListener parenthetical corpus (CC0).