· 7/9/2013
Pascual v. Holder
Citations
- 723 F.3d 156
- 2013 WL 3388382
- 2013 U.S. App. LEXIS 13797
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming that a conviction under NYPL §§ 110 and 220.39(1) for criminal sale of a controlled substance is categorically an aggravated felony offense, including attempted transfer of a controlled substance
- differentiating Pascual from Moncñeffe by distinguishing criminal acts to sell narcotics and marijuana
- requiring “the intent . . . to carry out the transaction”
- New York statute meets the Guidelines definition based on state court decisions defining offer to sell as requiring bona fide offers
- “Without doubt, an offer to sell drugs . . . is both a ‘substantial step’ and an ‘overt act’ in the attempted sale of a controlled substance.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Kearse, Carney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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