United States v. Demario Denson

How courts have described this case

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

• examining Ohio pattern jury instruction stating that “[t]he court must instruct the jury on the elements of the applicable offense of violence as charged in the indictment” to determine that Ohio inciting-to-violence statute is divisible (internal quotation marks omitted)
• examining Ohio pattern jury instruction stating that “[t]he court must instruct the jury on the elements of the applicable offense of violence as charged in the indictment” to determine that Ohio inciting-to-violence statute is divisible (internal quotation marks omitted)
• \we analyze a crime of violence under the career-offender guideline just as we do a 'violent felony' under the [ACCA]\
• convictions under Ohio inciting-violence statute are not categorically crimes of violence under the residual clause but defendant’s conviction a crime of violence in light of Shepard documents
• “As the language in Sykes limiting Begay is not mandatory, we have continued to apply the two-part test in some residual-clause cases, and have chosen to exclude the Begay question in others.”
• “Second, we analyze a crime of violence under the career-offender guideline just as we do a ‘violent felony’ under the Armed Career Criminal Act (ACCA), and so rely on ACCA cases here.”

Source: CourtListener parenthetical corpus (CC0).