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· 10/17/2003

Serge Chery v. John Ashcroft, United States Attorney General

Citations

  • 347 F.3d 404
  • 2003 U.S. App. LEXIS 21025
  • 2003 WL 22359492

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 Connecticut conviction for sexual assault is a crime of violence under § 16(b)
  • recognizing that where consent is not — or cannot be — given to rape, the crime “inherently involves a substantial risk that physical force may be used” in its commission (emphasis in original)
  • recognizing that where consent is not — or cannot be — given to rape, the crime \ inherently involves a substantial risk that physical force may be used\ in its commission (emphasis in original)
  • holding statutory rape a crime of violence even though defendant may be convicted where no actual force is used
  • holding statutory rape a crime of violence even though defendant may be convicted where no actual force is used
  • “We retain jurisdiction .... to determine whether [petitioner] has been convicted of an aggravated felony....”

Source: CourtListener parenthetical corpus (CC0).

Judges: Van Graafeiland, McLaughlin, Cabranes

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.