United States v. Sinerius

How courts have described this case

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

• holding that in cases involving “non-traditional offenses” the court employs the categorical approach by defining the offenses based on the common meaning of the statutory words
• holding that state statute that “only require[d] ‘offensive touching of a[n] intimate body part,’ which could include touching through clothing” was one “relating to ... sexual abuse” (citation omitted)
• holding that a Montana statute prohibiting non-consensual “touching of the sexual or other intimate parts of the person of another for the purpose of arousing or gratifying ... sexual desire” categorically qualifies as “sexual abuse”
• noting “Congress’s intent to define ‘sexual abuse’ as a generic offense, understood by its ordinary and common meaning”
• assuming, without analysis, that “the terms ‘aggravated sexual abuse,’ ‘sexual abuse,’ and ‘abusive sexual conduct involving a minor’ under § 2252A(b)” set forth distinct offenses
• finding Mont. Code Ann. § 45-5-502 qualified as a prior conviction for sexual abuse

Source: CourtListener parenthetical corpus (CC0).