United States v. Raymond Albert Bureau

How courts have described this case

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

• using the categorical approach to conclude that Tennessee’s offense of attempted burglary qualified as a violent felony under the “otherwise clause”
• noting the “temporal difference” between § 5K1.1, which applies at the original sentencing, and Rule 35(b), which applies after a sentence has been imposed
• reversing when the sentencing judge stated “I will say, however, also, that the Court’s downward departure will take into account the possibility that there may be a further reduction later on pursuant to a Rule 35 motion”
• reversing when the sentencing judge stated “I will say, however, also, that the Court’s downward departure will take into account the possibility that there may be a further reduction later on pursuant to a Rule 35 motion”
• conviction for Tennessee attempted third-degree burglary was a predicate under the residual clause when statute applied only to “the breaking and entering into a business house, outhouse, or any other house of another”
• “In 1975, burglary in the third degree was defined under Tennessee law as: ‘the breaking and entering into a business house, outhouse, or any other house of another, other than a dwelling house, with the intent to commit a felony.’” (quoting TENN. CODE ANN. § 39-904)

Source: CourtListener parenthetical corpus (CC0).