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· 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 CourtListener

Sourced 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.