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· 7/7/1993

United States v. Cordoba-Hincapie

Citations

  • 825 F. Supp. 485
  • 1993 U.S. Dist. LEXIS 9504
  • 1993 WL 247771

How courts have described this case

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

  • holding that defendant’s offense level under the Guidelines must be calculated for the drug the defendant believed he was importing, not the drug actually imported
  • concluding that modern, anti-drug offenses could no longer be characterized as public welfare offenses
  • recognizing that “[t]he cases, despite their uneven nature, impart a clear message that there is a continuing constitutional importance to the mens rea principle^] [t]he outer limits of what is permissible have not been drawn, but such limits certainly exist”
  • stating that jurisdictions that have adopted the Model Penal Code must \apply an element analysis to each offense and theory of liability\
  • stating that jurisdictions that have adopted the Model Penal Code must ‘‘apply an element analysis to each offense and theory of liability”
  • noting that courts generally fail to divide clearly statutory interpretation from constitutional law in the jurisprudence of mens rea

Source: CourtListener parenthetical corpus (CC0).

Judges: Weinstein

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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.