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· 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 CourtListener

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.