United States v. Brian Berry

How courts have described this case

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

• providing that courts have “embraced” the categorical and modified categorical approaches in determining a sex offender’s tier classification
• stating that “the language of Section 16911(3)(A), like the language of Section 16911(4)(A
• applying \the categorical approach to the generic crimes listed in SORNA's tier III definition\ but reading SORNA's reference to a victim \who has not attained the age of 13\ to be \an instruction to courts to consider the specific circumstance of a victim's age\
• “Congress's decision to reference in SORNA a victim “who has not attained the age of 13 years,” 42 U.S.C. § 16911(4)(A)(ii
• “If the elements of the prior offense [of conviction] are the same as, or narrower than, the [generic] offense listed in the federal statute, there is a categorical match.” (internal quotation marks omitted)
• reaching the same conclusion as the Tenth Circuit in White

Source: CourtListener parenthetical corpus (CC0).