United States v. Javier Rivera-Sanchez, A/K/A Jose Sanchez

How courts have described this case

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

• holding that a California conviction of simple transportation of marijuana for personal use does not qualify as a trafficking offense
• holding that using a prior deportation as an element in a § 1326 conviction is not unconstitutional despite the lesser protections available in a deportation hearing
• directing the district court to conduct a Taylor analysis of the existing record where “[a] full evidentiary record” had already been developed
• noting that a “full evidentiary record” had already been developed
• “By waiving appeal, an alien relinquishes the opportunity to obtain review of the Immigration Judge’s ruling.”
• “[I]f the statute and the judicially noticeable facts would allow the defendant to be convicted of an offense other than that defined as a qualifying offense by the guidelines, then the conviction does not qualify as a predicate offense.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).