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· 1/27/1992

United States v. Fred Leon Barney, United States of America v. Clyde Trombley

Citations

  • 955 F.2d 635
  • 119 A.L.R. Fed. 701
  • 1992 U.S. App. LEXIS 841
  • 1992 WL 9760

How courts have described this case

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

  • stating that “the categorical problem with section 6-3-301 ... is its inclusion of vehicles among the places that can be burglarized”
  • indicating that a sentencing court is prohibited from relying on a presentence report to determine whether charged and admitted conduct categorically constitutes a violent felony
  • indicating that a sentencing court is prohibited from relying on a presentence report to determine whether charged and admitted conduct categorically constitutes a violent felony
  • stating that according to the information, the defendant “did unlawfully enter or remain in a building or occupied structure or separately secured portion thereof, to wit: Senior Citizen’s office, without authority and with the intent to commit a larceny therein....”
  • collecting cases and holding that sentencing court may rely on charging document and text of guilty plea, but not on charging document and presentence report
  • noting that Taylor adopted a “federal definition of burglary.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Seymour, Ebel, Matsch

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.