United States v. Leal-Vega

How courts have described this case

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

• holding that sec tion 11351 is broader than the CSA and is therefore not a categorical “drug trafficking offense” under the Guidelines
• holding that a California statute criminalizing possession or purchase of non-federally controlled substances was categorically broader than the definition of “drug trafficking offense” under U.S.S.G. § 2L1.2
• noting that “our holdings in the immigration context do not definitively resolve the issue . . . because the text of the immigration statute . . . differs from the text of the Sentencing Guidelines”
• “Nothing in the sentencing colloquy suggests that the sentencing judge 4 stated that he would impose the same sentence regardless of the Guidelines calculation because of the mitigation factors.”
• same, where the minute order, abstract of judgment, and plea form stated that the defendant pleaded guilty to a specific count
• enhancement still applied because the conviction was for tar heroin

Source: CourtListener parenthetical corpus (CC0).