· 12/29/2009
United States v. Rivera-Oros
Citations
- 590 F.3d 1123
- 2009 U.S. App. LEXIS 28548
- 2009 WL 5102789
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the definition of “dwelling” includes any “enclosed space that is used or intended for use as a human habitation”
- finding the definition of \dwelling\ includes any \enclosed space that is used or intended for use as a human habitation\
- looking to, inter alia, Black’s Law Dictionary’s definition of “dwelling,” and the Commission’s “heightened concern for harms associated with residential burglaries” in concluding “dwelling” is not limited to permanent, immovable structures
- looking at “a wide range of sources . . . including federal and state statutes, the Model Penal Code, dictionaries, and treatises” to define the generic, contemporary meaning of an offense under the Guidelines
- “The label that a state attaches to a crime under its laws does not determine whether it is a Guidelines enumerated offense.”
- “We look to a wide range of sources to determine the generic meaning of an enumerated offense, including federal and state statutes, the Model Penal Code, dictionaries, and treatises.”
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Brien, Tymkovich, Holmes
Read full opinion on CourtListenerSourced 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.