United States v. Alberto Garcia-Jimenez

How courts have described this case

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

• concluding that “a mens rea of extreme indifferent recklessness is not sufficient to meet the federal generic definition of aggravated assault”
• noting that Model Penal Code includes a mens rea of recklessness in its definition of aggravated assault but explaining that “the Model Penal Code, while a helpful tool in the categorical analysis, does not dictate the federal generic definition of a crime”
• acknowledging our precedent holding that the probable desistance test has been incorporated into the federal generic version of attempt
• surveying state statutes and finding that seventeen states and the Model Penal Code do not punish aggravated assault committed with a mens rea of extreme indifference recklessness or less
• noting that Model Penal Code includes a mens rea of recklessness in its definition of aggravated assault but explaining that “the Model Penal Code, while a helpful tool in the categorical analysis, does not dictate the federal generic definition of a crime”
• clarifying the generic offense of “aggravated assault” for the purposes of U.S.S.G. § 2L1.2 by reference to the criminal statutes of a substantial majority of U.S. jurisdictions

Source: CourtListener parenthetical corpus (CC0).