United States v. Torres-Rosario

How courts have described this case

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

• holding that career offender status premised on a conviction of assault and battery under Massachusetts law, conceded at sentencing, could be reviewed for plain error in light of our intervening decision in Holloway
• observing that defendant's express affirmation of basis on which he was sentenced ordinarily amounts to a waiver
• recognizing the “serious problems of administration, consistency, and fair warning” that such a regime of as-applied challenges would create
• suggesting that drug dealing was likely to be considered a violent felony
• remanding for resen-tencing to avoid a “miscarriage of justice” where error resulted in “difference in potential jail time”
• finding defendant’s ACCA argument waived where he conceded career-offender status below, but excusing waiver in interests of justice because of an intervening change in law

Source: CourtListener parenthetical corpus (CC0).