In the Matter of Lopez-Amaro

9 Cited authorities

People v. Wolcott
34 Cal.3d 92 (Cal. 1983) Cited 350 times
Holding assault with a deadly weapon was not a lesser included offense of robbery, and the "addition of an allegation that defendant used a firearm . . . does not alter this conclusion"
U.S. v. Hill
971 F.2d 1461 (10th Cir. 1992) Cited 90 times
Holding that a defendant need not be convicted for or even charged with an underlying offense to sustain a conviction under § 924(c) because § 924(c) is a distinct substantive offense
Strickland v. State
437 So. 2d 150 (Fla. 1983) Cited 67 times
Holding that the great risk of death aggravating circumstance was applicable where defendant set fire to a house in which the victim resided and no other person was present, but the defendant knew that the blaze would pose a great risk to neighbors, firefighters, and the police who responded
Kin Sang Chow v. Immigration & Naturalization Service
12 F.3d 34 (5th Cir. 1993) Cited 22 times
Holding that IMMAct "completely supersedes all former versions of legislation dealing with deportation for firearm offenses."
Burgess v. State
524 So. 2d 1132 (Fla. Dist. Ct. App. 1988) Cited 19 times
Upholding departure based on flagrant disregard for safety of others where defendant shot two victims who were standing in an alley while three bystanders stood nearby
Section 924 - Penalties
18 U.S.C. § 924 Cited 68,436 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)
Section 775.082 - Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison
Fla. Stat. § 775.082 Cited 2,318 times 3 Legal Analyses
Providing a penalty of "imprisonment not exceeding 15 years" for a second-degree felony
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 777.04 - Attempts, solicitation, and conspiracy
Fla. Stat. § 777.04 Cited 630 times
Providing that an attempt to commit a crime that is a first-degree felony punishable by life imprisonment is classified as a second-degree felony

In the Matter of Lopez-Amaro

9 Cited authorities

Holding assault with a deadly weapon was not a lesser included offense of robbery, and the "addition of an allegation that defendant used a firearm . . . does not alter this conclusion"

Holding that a defendant need not be convicted for or even charged with an underlying offense to sustain a conviction under § 924(c) because § 924(c) is a distinct substantive offense

Holding that the great risk of death aggravating circumstance was applicable where defendant set fire to a house in which the victim resided and no other person was present, but the defendant knew that the blaze would pose a great risk to neighbors, firefighters, and the police who responded

Holding that IMMAct "completely supersedes all former versions of legislation dealing with deportation for firearm offenses."

Upholding departure based on flagrant disregard for safety of others where defendant shot two victims who were standing in an alley while three bystanders stood nearby

Providing a penalty of "imprisonment not exceeding 15 years" for a second-degree felony

Delineating crimes that make alien deportable

Providing that an attempt to commit a crime that is a first-degree felony punishable by life imprisonment is classified as a second-degree felony