United States v. De Jesus Ventura

How courts have described this case

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

• holding that the court cannot rely on a factual proffer accompanying a defendant's nolo contendere plea under the modified categorical approach
• stating that a sentencing court may not rely on factual proffer accompanied only by a nolo contendere plea
• finding that a majority of jurisdictions define kidnapping to include a criminal purpose and while some states limit to the purposes in the MPC, others do not
• finding that a majority of jurisdictions define kidnapping to include a criminal purpose and while some states limit to the purposes in the MPC, others do not
• noting that pursuant to 50-state survey the generic definition of kidnapping must include “(1) an act of restraining, removing, or confining another; and (2) an unlawful means of accomplishing that act”
• finding that a majority of jurisdictions define kidnap- ping to include a criminal purpose and while some states limit to the purposes in the MPC, others do not

Source: CourtListener parenthetical corpus (CC0).