· 4/11/2008
United States v. Diaz-Ibarra
Citations
- 522 F.3d 343
- 2008 U.S. App. LEXIS 7770
- 2008 WL 1058879
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that categorical approach requires consideration of “full range of conduct covered by statutory language, including the most innocent conduct proscribed by the statute”
- holding that the modified categorical approach may be used whenever the state statute is \categorically overbroad\
- concluding that ‘“sexual abuse of a minor’ means the ‘perpetrator’s physical or nonphysical misuse or maltreatment of a minor for a purpose associated with sexual gratification’ ” (emphasis added)
- recognizing the modified categorical approach applies when a state statute is categorically overbroad
- relying on the “common meaning” of the words “sexual” and “minor” as stated in Webster’s Third New International Dictionary to define the meaning of “sexual abuse of a minor” in the § 2L1.2 crime-of-violence enhancement
- defining the term sexual as used in the phrase sexual abuse of a minor
Source: CourtListener parenthetical corpus (CC0).
Judges: Williams, Motz, King
Read full opinion on CourtListenerSourced 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.