Hector Ramirez v. Loretta E. Lynch

How courts have described this case

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

• noting in dicta that “section 12022.7(a) does not meet the definition of a crime of violence . . . , as it has clearly been applied to defendants who committed crimes recklessly or negligently”
• “[T]he mere use of the disjunctive term ‘or’ does not automatically make a statute divisible.”
• “[T]hese alternative mens rea requirements are not ‘elements’ for purposes of ... Descamps. Rather, they are alternative means for accomplishing a single indivisible crime.”
• “In identifying the elements of the statute of conviction, we look not only to the text of the statute, but also to how state courts have interpreted and applied the statute.”
• analyzing model jury instructions to confirm divisibility analysis

Source: CourtListener parenthetical corpus (CC0).