· 7/17/2006
United States v. Jerry Lee Griffith
Citations
- 455 F.3d 1339
- 2006 U.S. App. LEXIS 17940
- 2006 WL 1976047
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding Georgia battery qualified under an ACCA provision regarding a domestic violence predicate that uses “physical force” language similar to that in the elements clause
- asserting that “[a] person cannot make physical contact-partieularly of an insulting or provoking nature — with another without exerting some level of physical force”
- disagreeing with Flores and holding that offense is crime of violence if it has as element any use or threat of physical force—not necessarily “violent”
- application of section 921(a)(33)(A)(ii) “does not turn on the actual conduct underlying the conviction but on the elements of the state crime”
- “we do not feel compelled to reach a result at war with common sense”
- writ- ing that the plain meaning of “physical force,” for purposes of § 921(33)(A)(ii), is “[p]ower, violence, or pressure directed 20064 UNITED STATES v. NOBRIGA against another person’s body
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Carnes, Trager
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.