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In re Guerrero

18 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,255 times   24 Legal Analyses
    Holding that courts may consult "the charging document . . . or . . . some comparable judicial record of this information"

  2. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,277 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "

  3. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,167 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  4. U.S. v. Cornelio-Pena

    435 F.3d 1279 (10th Cir. 2006)   Cited 42 times   2 Legal Analyses
    Holding that solicitation is "sufficiently similar" to the listed offenses in U.S.S.G. § 2L1.2 cmt. n. 5 to warrant inclusion

  5. U.S. v. Herrick

    545 F.3d 53 (1st Cir. 2008)   Cited 37 times
    Holding that Wisconsin's vehicular homicide felony is not a crime of violence because it "requires criminal negligence, defined as conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another"

  6. U.S. v. Richards

    456 F.3d 260 (1st Cir. 2006)   Cited 26 times
    Reasoning in same vein in violent felony case

  7. Keith Wai Keung Ng v. Attorney General of the United States

    436 F.3d 392 (3d Cir. 2006)   Cited 25 times   1 Legal Analyses
    Holding that "solicitation of a murder naturally presents a substantial risk that physical force will be used against another, regardless of whether the risk develops or harm actually occurs"

  8. State v. Jackson

    752 A.2d 5 (R.I. 2000)   Cited 29 times
    Adopting the rule that an unloaded but operable gun will be presumed to possess a per se present ability to carry out the offer to do bodily injury to another

  9. State v. Crow

    871 A.2d 930 (R.I. 2005)   Cited 21 times
    Holding that the defendant's failure to “make a timely and specific objection” precluded his argument on appeal

  10. Henry v. Bureau of Immigration & Customs Enforcement

    493 F.3d 303 (3d Cir. 2007)   Cited 17 times
    Holding that the New York crime of possessing a weapon "with intent to use the same unlawfully against another" constitutes a § 16(b) "crime of violence" because it involves "a substantial risk that the actor will intentionally use physical force in committing his crime"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,638 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,008 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,501 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’