Frison v. Principi

How courts have described this case

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

• questioning use of categorical approach outside of sentencing context in which cold record review is required
• applying categorical approach based on agreement of parties but suggesting modified categorical might be appropriate
• “[A]ny act or threatened act which engenders a fear of injury implicates force and potential violence.”
• “The argument envisions a somewhat implausible paradigm where a defendant unlawfully obtains another person’s property against their will by unintentionally placing the victim in fear of injury.”
• “Hobbs Act robbery contains as one of its elements the actual, attempted, or threatened use of physical force against the person or property of another, thereby constituting a crime of violence under § 924(c)(3)(A).”
• “Obviously, the taking of personal property from another against their will by means of actual or threatened force, or violence or fear of injury, immediate or future, entails a higher degree of intent than negligent or merely accidental conduct.

Source: CourtListener parenthetical corpus (CC0).