· 8/22/2014
Carlos Rendon v. Eric Holder, Jr.
Citations
- 764 F.3d 1077
- 2014 U.S. App. LEXIS 16254
- 2014 WL 4115930
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a statute is divisible “[o]nly when state law requires that in order to convict the defendant the jury must unanimously agree that he committed a particular substantive offense contained within the disjunctively worded statute”
- reasoning that when a state criminal law “is written in the disjunctive . . . , that fact alone cannot end the divisibility inquiry”
- explaining that the modified categorical approach serves the limited purpose of “helping to implement” the categorical analysis (alterations omitted)
- explaining that the modified categorical approach serves the limited purpose of “helping to implement” the categorical analysis (alterations omitted)
- providing de novo standard for determining whether a prior conviction is an aggravated felony
- describing two decisions that found statutes divisible in part because “it was impossible for the state to allege and the jury to find that the defendant violated the alternative parts of the statute simultaneously”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reinhardt, Fisher, Murguia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.