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· 1/31/2011

United States v. Hernandez-Galvan

Citations

  • 632 F.3d 192
  • 2011 U.S. App. LEXIS 1921
  • 2011 WL 285222

How courts have described this case

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

  • \[T]his court considers de novo whether a defendant's prior conviction qualifies as a 'crime of violence' within the meaning of the Guidelines.\
  • “[T]his court considers de novo whether a defendant’s prior conviction qualifies as a ‘crime of violence’ within the meaning of the Guidelines.”
  • “[T]he ‘substantial step’ test from the Model Penal Code . . . is now the majority view among the states and federal courts, including the Fifth Circuit.”
  • “[T]o the extent the ‘substantial step’ test requires an act that provides strong evidence of the actor’s mental state, it might not criminalize some slight acts that go beyond mere preparation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Demoss, Benavides, Elrod

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.