· 10/31/2013
United States v. Leroy Hemingway
Citations
- 734 F.3d 323
- 2013 WL 5833283
- 2013 U.S. App. LEXIS 22196
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 previous case, which assumed a sentencing enhancement applied, “did not dictate th[at] outcome” because the issue “was not contested”
- holding that uncontested and summarily addressed issue in prior case was not controlling precedent
- holding that uncontested and summarily addressed issue in prior case was not controlling precedent
- holding that South Carolina crime of assault and battery of a high and aggravated nature is not a crime of violence because it could be committed even if “no real force was used against the victim.”
- holding a prior case was not precedent on an issue when the issue was not contested
- noting that “the first element of an ABHAN offense—a violent injury—can be satisfied even though no actual bodily harm was done” (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Shedd, Thacker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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