· 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 CourtListenerSourced 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.