· 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 CourtListenerSourced 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.