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In re PUENTE-Salazar

40 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,204 times   616 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,282 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. Bailey v. United States

    516 U.S. 137 (1995)   Cited 2,782 times   12 Legal Analyses
    Holding that Government must show active employment of firearm to support § 924(c) conviction

  4. United Savings Assn. v. Timbers of Inwood Forest

    484 U.S. 365 (1988)   Cited 2,068 times   10 Legal Analyses
    Holding that § 506(b) “deni [es] ... postpetition interest to undersecured creditors,” and recognizing “an apparent anomaly” that when a debtor proves solvent, 11 U.S.C. § 726 provides for post-petition interest on unsecured claims “but not on the secured portion of undersecured creditors' claims,” but concluding that these particular “inequitable effects ... are entirely avoidable, since an undersecured creditor is entitled to ‘surrender or waive his security and prove his entire claim as an unsecured one’ ”

  5. Mistretta v. United States

    488 U.S. 361 (1989)   Cited 1,966 times   11 Legal Analyses
    Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

  6. Smith v. United States

    508 U.S. 223 (1993)   Cited 1,202 times   3 Legal Analyses
    Holding that a person who sells a firearm "uses" it within the meaning of 18 U.S.C. § 924(d) "even though those actions do not involve using the firearm as a weapon"

  7. K Mart Corp. v. Cartier, Inc.

    486 U.S. 281 (1988)   Cited 806 times   6 Legal Analyses
    Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

  8. Brandenburg v. Ohio

    395 U.S. 444 (1969)   Cited 1,011 times   8 Legal Analyses
    Holding that mere advocacy of violence is protected by the First Amendment, unless intended to incite it or produce imminent lawlessness, and rejecting the contrary rule in Whitney v. California , 274 U.S. 357, 47 S.Ct. 641, 71 L.Ed. 1095, as having been "thoroughly discredited by later decisions"

  9. Brown v. Crawford

    500 U.S. 933 (1991)   Cited 104 times
    Affirming district court's order that seized property be used to pay off monetary penalties imposed as part of defendant's sentence and concluding that such allocation was for defendant's benefit, rather than depriving him of his property altogether

  10. Denton v. State

    911 S.W.2d 388 (Tex. Crim. App. 1995)   Cited 161 times
    Holding that the plain meaning of the word "operate" as used in section 31.07 means that "the totality of the circumstances must demonstrate that the defendant took action to affect the functioning of his vehicle in a manner that would enable the vehicle's use"

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,372 times   189 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,700 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

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,902 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,026 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,392 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

  16. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,507 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’

  17. Section 49.04 - Driving While Intoxicated

    Tex. Pen. Code § 49.04   Cited 2,459 times   2 Legal Analyses
    Providing that a person is guilty of a misdemeanor if she operates a motor vehicle in a public place while intoxicated

  18. Section 49.09 - Enhanced Offenses and Penalties

    Tex. Pen. Code § 49.09   Cited 971 times
    Pertaining to enhancement of a DWI to felony status

  19. Section 12.34 - Third Degree Felony Punishment

    Tex. Pen. Code § 12.34   Cited 827 times   1 Legal Analyses
    Establishing the punishment range of two to ten years

  20. Section 991 - United States Sentencing Commission; establishment and purposes

    28 U.S.C. § 991   Cited 773 times   2 Legal Analyses
    Instructing the Commission to pay particular attention to those disparities