· 7/10/2014
United States v. Mario Estrella
Citations
- 758 F.3d 1239
- 2014 WL 3362166
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that when determining whether a State statute qualifies under the “elements-based” definition of a “crime of violence” in the U.S. Sentencing Guidelines, the central question is “whether the crime of conviction ‘has’ the element” of the generic offense
- addressing a Descamps claim raised first in a Rule 28(j) letter after all briefs were filed
- applying the categorical approach to the elements clause of the career offender guideline, U.S.S.G. § 4B1
- applying Shepard- analysis procedure to case involving enhancement under U.S.S.G. § 2L1.2
- applying Shepard- analysis procedure to case involving enhancement under U.S.S.G. § 2L1.2
- “The Supreme Court has only approved using the modified categorical approach when a prior conviction is for violating a so-called ‘divisible statute.’” (quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Hill, Fuller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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