· 7/3/1990
United States v. Steven W. Whitfield
Citations
- 907 F.2d 798
- 1990 U.S. App. LEXIS 11791
- 1990 WL 91033
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 18 U.S.C. § 924(e) mandates a formal categorical approach looking only to the statutory definitions of the prior offenses, not to the underlying facts
- looking to con- duct alleged in the charging information in a case where the prior con- viction involved the violation of a state statute that prohibited the manufacture, distribution, and possession of controlled substances
- risk to others from carrying concealed weapon \is not so immediate\ as to present serious risk of physical injury
- risk to others from carrying concealed weapon \is not so immediate\ as to present serious risk of physical injury
- possession conviction is not a serious drug offense where it is unclear whether the conviction is for mere possession, or possession with intent to distribute or manufacture
- “Although carrying an illegal weapon may involve a continuing risk to others, the harm is not so immediate as to present[ ] a serious potential risk of physical injury to another.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McMillian, Heaney, Fagg
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.