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Tenth Circuit· 11/7/2017

United States v. Ontiveros

Citations

  • 875 F.3d 533

How courts have described this case

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

  • concluding that the example of a son’s Colorado second-degree assault conviction for neglecting to care for his father requires a use of force
  • concluding that a conviction for Colorado second-degree assault is a crime of violence under the Guidelines, because it is impossible to cause bodily injury without the use of physical force
  • noting that “omission to act where there is a duty to act” may qualify as force
  • rejecting defendant’s argument that indirect application of force doesn’t satisfy elements clause because that argument relies on cases that are no longer good law
  • noting the Castleman Court “specifically rejected the contention that ‘one can cause bodily injury without the use of physical force’”
  • harmonizing Johnson with the Court’s subsequent decision in United States v. Castleman, 572 U.S. 157 (2014)

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Holmes, Bacharach

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Other cases named United States v. Ontiveros

5 other CourtListener records share this case name.

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.