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· 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 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.