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Fourth Circuit· 12/23/2014

Sayed Omargharib v. Eric Holder, Jr.

Citations

  • 775 F.3d 192
  • 2014 WL 7272786
  • 2014 U.S. App. LEXIS 24289

How courts have described this case

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

  • holding that a grand larceny conviction under Virginia law did not constitute an aggravated felony under the categorical approach
  • holding that a grand larceny conviction under Virginia law did not constitute an aggravated felony under the categorical approach
  • holding that a grand larceny conviction under Virginia law did not constitute an aggravated felony under the categorical approach
  • holding that Virginia grand larceny is not a theft offense because “under the generic federal definition of ‘theft,’ fraudulent takings do not constitute takings ‘without consent’” (citation omitted)
  • explaining that the “mere use of the disjunctive ‘or’ in the definition of a crime does not automatically render it divisible”
  • noting that a statute is indivisible when a jury need not unanimously agree that a defendant engaged in conduct that matched a federal generic offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Niemeyer, Wynn, Floyd

Read full opinion on CourtListener

Cited by

52 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

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.