· 8/25/2004
Marco Garcia-Echaverria v. United States
Citations
- 376 F.3d 507
- 2004 WL 1533930
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that habeas petitioner “became ineligible for a waiver of deportation” “[bjecause he pleaded guilty ... after the AEDPA was enacted on April 24, 1996”
- explaining that under the “hypothetical federal felony” approach a state drug conviction is an aggravated felony if it would be punishable as a felony under the CSA
- explaining that under the “hypothetical federal felony” approach a state drug conviction is an aggravated felony if it would -9- No. 24-3125, Porter v. McHenry be punishable as a felony under the CSA
- identifying 21 U.S.C. § 841(b)(1)(D) (2000) as the appropriate Federal analogue in a case involving a drug trafficking conviction
- placing the burden on the defendant to show that 21 U.S.C. § 841(b)(4) applies
- deciding the case without reaching the issue
Source: CourtListener parenthetical corpus (CC0).
Judges: Merritt, Moore, Duggan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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