Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Second Circuit· 6/8/2022

United States v. Pastore

Citations

  • 83 F.4th 113

How courts have described this case

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

  • holding that the modified categorical approach applies to substantive VICAR offenses
  • finding that “the district court’s jury instructions made clear that [the defendant] was convicted under § 125.25(1)” where, as here, the trial judge instructed that the defendant must have had “the intent to cause the death of the victim or another person”
  • because second-degree murder is a crime of violence, an attempt to commit that crime “is itself categorically a crime of violence”
  • “There is no question that intentionally 24 causing the death of another person involves the use of force.”
  • “There is no question that intentionally causing the death of another person involves the use of force.”
  • “[B]ecause second-degree murder under New York law is a crime of violence, there can be no doubt that attempt to commit second-degree murder under New York law is itself categorically a crime of violence.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

17 cases in this archive are cited by this case.

Other cases named United States v. Pastore

3 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.