Fourth Circuit· 2/19/2016

United States v. Brian Berry

Citations

814 F.3d 192
2016 U.S. App. LEXIS 2873
2016 WL 682978

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).

Judges: Wilkinson, King, Wynn

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Cited by

17 cases in this archive cite this case.

Cites

19 cases in this archive are cited by this case.

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