In re Izaguirre

8 Cited authorities

Keene Corp. v. United States
508 U.S. 200 (1993) Cited 609 times 3 Legal Analyses
Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"
U.S. v. Dodge
597 F.3d 1347 (11th Cir. 2010) Cited 64 times
Holding that a non-categorical approach applies to SORNA’s definition of a "specified offense against a minor" because the definition does not refer to the elements of an offense and emphasizes instead the conduct underlying the offense
U.S. v. Helder
452 F.3d 751 (8th Cir. 2006) Cited 33 times
Holding that "an actual minor victim is not required for an attempt conviction under § 2422(b)"
U.S. v. Kahn
524 F. Supp. 2d 1278 (W.D. Wash. 2007) Cited 12 times
Applying constitutional avoidance doctrine to the defendant's contention that the Adam Walsh Act's mandatory pretrial release conditions are unconstitutional, as applied to him, under the Due Process Clause
United States v. Schuetz
No. 12-mj-3046 (C.D. Ill. Aug. 2, 2012) Cited 4 times
Concluding that defendant was charged with a crime that "involves a minor victim" under 18 U.S.C. § 3142(f)(E), even though he was not communicating with an actual minor, but with a law enforcement officer posing as a minor
U.S. v. Rizzuti
611 F. Supp. 2d 967 (E.D. Mo. 2009) Cited 6 times
Refusing to insert the word "actual" before the phrase "minor victim" in the Adam Walsh Act, and, thus, declining to relieve defendant of the conditions of home detention and travel restrictions under the Adam Walsh Act, where defendant communicated with an "adult law enforcement officer and not [with] a person under the age of 17 as the indictment alleges defendant believed"
Section 1154 - Procedure for granting immigrant status
8 U.S.C. § 1154 Cited 1,160 times 1 Legal Analyses
Granting immigrant status
Section 16911 - Transferred
42 U.S.C. § 16911 Cited 446 times 10 Legal Analyses
Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”

In re Izaguirre

8 Cited authorities

Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"

Holding that a non-categorical approach applies to SORNA’s definition of a "specified offense against a minor" because the definition does not refer to the elements of an offense and emphasizes instead the conduct underlying the offense

Holding that "an actual minor victim is not required for an attempt conviction under § 2422(b)"

Applying constitutional avoidance doctrine to the defendant's contention that the Adam Walsh Act's mandatory pretrial release conditions are unconstitutional, as applied to him, under the Due Process Clause

Concluding that defendant was charged with a crime that "involves a minor victim" under 18 U.S.C. § 3142(f)(E), even though he was not communicating with an actual minor, but with a law enforcement officer posing as a minor

Granting immigrant status

Finding that “[a]n offense involving consensual sexual conduct is not a sex offense for purposes of [SORNA's registration requirements] if the victim was an adult....”