Matter of Cardiel-Guerrero

78 Cited authorities

  1. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,294 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’ "
  2. Scheidler v. National Organization for Women, Inc.

    537 U.S. 393 (2003)   Cited 389 times   5 Legal Analyses
    Holding that liability for extortion under RICO, which prohibits an "act or threat involving ... extortion ... which is chargeable under State law," did not depend on conduct that violated a state statute expressly prohibiting "extortion," but, instead, need only violate a statute "capable of being generically classified as extortionate."
  3. McClain v. State

    625 So. 2d 774 (Miss. 1993)   Cited 809 times   1 Legal Analyses
    In McClain v. State, 625 So.2d 774, 778 (Miss. 1993), this Court stated that when the sufficiency of the evidence is challenged, the prosecution is entitled to have the evidence in support of its case taken as true together with all reasonable inferences.
  4. People v. Torres

    33 Cal.App.4th 37 (Cal. Ct. App. 1995)   Cited 378 times
    In Torres, the defendant demanded money from the victims, struck one victim with a gun, and shot another; the use of force negated any possible finding that the defendant intended to take the victims' property with their consent.
  5. U.S. v. Corona-Sanchez

    291 F.3d 1201 (9th Cir. 2002)   Cited 286 times
    Holding that a presentence report may establish the fact of a prior conviction where the defendant does not contest that he was not convicted under the relevant statute
  6. Estrada-Espinoza v. Mukasey

    546 F.3d 1147 (9th Cir. 2008)   Cited 155 times   2 Legal Analyses
    Holding that Rodriguez-Rodriguez , which looked to § 3509 only as a "guide" and which did not identify defined elements of the generic federal offense, did not set down a definitive interpretation entitled to Chevron deference
  7. People v. Grant

    113 Cal.App.4th 579 (Cal. Ct. App. 2003)   Cited 147 times
    Recognizing that principles of double jeopardy would preclude retrial if the prosecutions evidence in the first trial was insufficient to support the conviction
  8. Navarro-Lopez v. Gonzales

    503 F.3d 1063 (9th Cir. 2007)   Cited 119 times
    Holding that a definition of moral turpitude that encompassed all criminal conduct would be overbroad and contrary to the intent of Congress
  9. Abimbola v. Ashcroft

    378 F.3d 173 (2d Cir. 2004)   Cited 94 times
    Holding that when a term in INA is undefined, the "BIA's interpretation is 'given controlling weight unless [it is] arbitrary, capricious, or manifestly contrary to the statute'" (alteration in original) (quoting Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, 467 U.S. 837, 844 (1984))
  10. State v. Perry

    305 N.C. 225 (N.C. 1982)   Cited 176 times
    Holding that "though a defendant may be indicted and tried on charges of larceny, receiving, and possession of the same property, he may be convicted of only one of those offenses"
  11. Section 2 - Principals

    18 U.S.C. § 2   Cited 24,525 times   59 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law
  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,777 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 1951 - Interference with commerce by threats or violence

    18 U.S.C. § 1951   Cited 12,031 times   51 Legal Analyses
    Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”
  14. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,949 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  15. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,053 times   42 Legal Analyses
    Granting this discretion to the Attorney General
  16. Section 496 - Buying or receipt of stolen property

    Cal. Pen. Code § 496   Cited 5,035 times   8 Legal Analyses
    Relating to receipt of stolen property
  17. Section 641 - Public money, property or records

    18 U.S.C. § 641   Cited 3,007 times   23 Legal Analyses
    Requiring knowledge
  18. Section 1708 - Theft or receipt of stolen mail matter generally

    18 U.S.C. § 1708   Cited 1,434 times   1 Legal Analyses
    Prohibiting theft or receipt of stolen letter "from a letter or mail carrier"
  19. Section 165.40 - Criminal possession of stolen property in the fifth degree

    N.Y. Penal Law § 165.40   Cited 436 times

    A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof. Criminal possession of stolen property in the fifth degree is a class A misdemeanor. N.Y. Penal Law § 165.40