Skip to main content
· 10/25/2023

COSTCO WHOLESALE CORPORATION, etc. v. JANETTH VARGAS

How courts have described this case

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

  • holding that attempt to commit a burglary, as defined by Florida law, is a “violent felony” pursuant to the residual clause of the ACCA
  • holding that the proper inquiry for the categorical approach is whether the conduct covered by the crime presents the requisite risk of injury “in the ordinary case”
  • holding that application of the Taylor categorical approach to determine whether an offense presents a serious potential risk of physical injury to others “raises no Sixth Amendment issue”
  • holding that application of the Taylor categorical approach to determine whether an offense presents a serious potential risk of physical injury to others \raises no Sixth Amendment issue\
  • holding that courts should examine the ordinary case, rather than theoretical possibilities, when evaluating whether a crime presented a serious potential risk of injury under 18 U.S.C. § 924(e)(2)(B)(ii)
  • holding that attempted burglary, as defined by Florida law, is a “violent felony” under ACCA

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced 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.