· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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