United States v. Palomino Garcia

How courts have described this case

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

• stating that the generic offense of aggravated assault under the guidelines includes assault with a deadly weapon
• recognizing we have employed ACCA’s categorical approach in cases that interpret guideline enhancements
• describing the Supreme Court’s process in Taylor for deriving a generic definition of the traditional, common-law offense of burglary
• applying the Supreme Court’s pre-Descamps “categorical approach” cases to USSG § 2L1.2
• “Although Taylor and Shepard were ACCA cases, we have employed their ‘categorical approach’ in determining whether a prior offense qualifies for an enhancement under the Guidelines.”
• “[W]hen the law under which a defendant has been convicted contains different statutory phrases—some of which require the use of force and some of which do not—the judgment is ambiguous and we apply a ‘modified categorical approach.’ ”

Source: CourtListener parenthetical corpus (CC0).