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· 12/21/2012

United States v. Dontey Tucker

Citations

  • 703 F.3d 205
  • 2012 U.S. App. LEXIS 26128
  • 2012 WL 6634148

How courts have described this case

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

  • explaining that because the defendant “was specifically charged with [possession with intent to distribute cocaine], the trial judge was [required] to find that [he] possessed cocaine in order to convict”
  • applying categorical approach of Taylor to determine if prior convictions qualify as serious drug of- fense
  • employing the categorical approach to conclude that “neither of [Appellant’s] prior convictions qualif[y] as a ‘serious drug offense’”
  • applying categorical approach of Taylor to determine if prior convictions qualify as “serious drug offenses” under ACCA
  • applying categorical approach of Taylor to determine if prior convictions qualify as “serious drug offenses” under ACCA
  • “In criminal trials the proof offered by the Commonwealth must measure up to the charge made in the indictment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Ambro, Barry

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.