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First Circuit· 1/30/2017

Swaby v. Yates

Citations

  • 847 F.3d 62
  • 2017 WL 395097

How courts have described this case

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

  • warning that a state criminal statute should not \be treated as if it is narrower than it plainly is\
  • finding that indictment’s description of crime as possession of “a controlled substance, to wit, [m]arijuana” supported the court’s finding that the statute was divisible
  • rejecting the Government’s “surprising view that, in applying the categorical approach, state law crimes should not be given their plain meaning
  • describing the realistic probability inquiry as a “sensible caution against crediting speculative assertions regarding the potentially sweeping scope of ambiguous state law crimes”
  • rejecting the realistic probability test for a controlled substance violation in the immigration context
  • rejecting the realistic probability test for a controlled substance violation in the immigration context

Source: CourtListener parenthetical corpus (CC0).

Judges: Barron, Stahl, Lipez

Read full opinion on CourtListener

Cited by

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

Cites

29 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.