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· 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 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.