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· 8/4/2003

United States v. Esly Pereira-Salmeron

Citations

  • 337 F.3d 1148
  • 2003 Daily Journal DAR 8702
  • 2003 Cal. Daily Op. Serv. 6906
  • 2003 U.S. App. LEXIS 15519
  • 2003 WL 21782521

How courts have described this case

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

  • writing that “there is no indication that the term [‘crime of violence’] is intended to mean something different for [one] provision than it does elsewhere”
  • noting that “the word ‘includes’ .... inherently weighs against the notion that subpart (II
  • noting that “extortionate exten- sion of credit and burglary” do not entail use of force but do involve risk that force may be used during their commission
  • noting that “[u]nder the interpretation urged by [the defendant],[burglary of a dwelling and extortionate extension of credit] could not qualify as crimes of violence ... [b]ut the explicit inclusion of those crimes within subpart (II
  • noting that even burglary of a dwelling, which is specifically listed as a crime of violence under the guidelines, does not categorically have as an element any touching or physical harm to the person of another
  • noting, after discussing in dicta the results reached under the catchall provision of another guideline, that “[t]he specific issue before us is whether Pereira-Salmeron’s conviction ... falls within the category of ‘sexual abuse of a minor,’ ” a per se category

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Rawlinson, Clifton

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.