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· 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 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.