· 3/17/2004
United States v. Benjamin J. Lloyd
Citations
- 361 F.3d 197
- 2004 U.S. App. LEXIS 4990
- 2004 WL 516251
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that state law crime of criminal mischief is distinct from crime of possession of unregistered explosives under Blockburger
- reasoning that to allow a sentence enhancement under § 2K2.1(b)(5) for “any” felony “would make little sense”
- applying the Blockburger test to determine if assault and felon in possession of a firearm are the same offense
- applying the Blockburger test to determine if assault and felon in possession of a firearm are the same offense
- Note 15 (then Note 18) categorically excludes firearm possession and trafficking offenses from definition of another felony offense
- “[R]egardless of the interpretation given to the word ‘another’ in 2K2.1(b)(5), ‘firearms possession or trafficking offenses’ are categorically removed from the set of crimes that may constitute ‘another felony offense.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Alito, Fuentes, Rosenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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