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