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· 4/6/2012

United States v. Rosales-Bruno

Citations

  • 676 F.3d 1017
  • 2012 WL 1138648
  • 2012 U.S. App. LEXIS 6983

How courts have described this case

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

  • holding that Florida arrest affidavits cannot be used to label a conviction a qualifying offense under ACCA
  • holding that when we de- termine whether prior convictions qualify as “crime[s] of violence” under the ACCA, we may “rely on facts contained in a presentence investigation report (PSR), so long as those facts are undisputed”
  • noting that the Government must prove the facts in the PSR to which the defendant objects
  • Stating that under the modified categorical approach, “we limit our review to reliable material that allow us to determine whether the particular conviction 'necessarily' rested on a fact establishing the crime as a violent offense.”
  • “We express no opinion, however, as to what sentence would now be appropriate for Rosales-Bruno.”
  • “We express no opinion, however, as to what sentence would now be appropriate for Rosales-Bruno.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pryor, Martin, Kravitch

Read full opinion on CourtListener

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.