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· 6/8/2010

United States v. Andino-Ortega

Citations

  • 608 F.3d 305
  • 2010 U.S. App. LEXIS 11629
  • 2010 WL 2266880

How courts have described this case

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

  • concluding that because two federal “crime of violence provisions,” 18 U.S.C. § 16(b) and § 2L1.2 of the Guidelines, defined “crime of violence” differently, the court’s precedent dealing with § 16(b
  • concluding that the offense injury to a child “can be committed by intentional act without the use of physical force by putting poison or another harmful substance in a child’s food or drink”
  • stating that “because the district court’s error clearly affected Andino-Ortega’s sentence, we also find that the error seriously affected the fairness, integrity, or public reputation of judicial proceedings”
  • finding that Texas child endangerment statute could be violated “without the use of physical force by putting poison or another harmful substance in a child’s food or drink.”
  • stating that Texas’s offense of injury to a child could be committed “without the use of physical force by putting poison or another harmful substance in a child’s food or drink”
  • “Counsel’s.failure to object below because he did not recognize the argument now being made on appeal is not a waiver.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barksdale, Garza, Dennis

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.