· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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