In re Cuellar-Gomez

64 Cited authorities

  1. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,668 times   132 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
  2. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,539 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment
  3. Clay v. U.S.

    537 U.S. 522 (2003)   Cited 4,551 times   1 Legal Analyses
    Holding that in the § 2255 context, "a judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate court’s affirmation of the conviction"
  4. Jones v. United States

    526 U.S. 227 (1999)   Cited 1,906 times   19 Legal Analyses
    Holding that "under the Due Process Clause of the Fifth Amendment and the notice and jury trial guarantees of the Sixth Amendment, any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt"
  5. Carachuri-Rosendo v. Holder

    560 U.S. 563 (2010)   Cited 968 times   16 Legal Analyses
    Holding that courts should look to the “conviction itself,” rather than a crime or sentence with which the defendant “could have been” charged or assigned, in determining whether a previous conviction is an aggravated felony under the INA
  6. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,100 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
  7. Ali v. Fed. Bureau of Prisons

    552 U.S. 214 (2008)   Cited 759 times   2 Legal Analyses
    Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act
  8. Reynolds v. Sims

    377 U.S. 533 (1964)   Cited 2,832 times   6 Legal Analyses
    Holding that "the Equal Protection Clause requires that the seats in both houses of a bicameral state legislature must be apportioned on a population basis"
  9. Hillsborough County v. Automated Medical Labs

    471 U.S. 707 (1985)   Cited 1,192 times   3 Legal Analyses
    Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"
  10. Scott v. Illinois

    440 U.S. 367 (1979)   Cited 797 times   6 Legal Analyses
    Holding that a criminal defendant has no Sixth Amendment right to counsel when his trial does not result in a sentence of imprisonment
  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 66,130 times   187 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 16,412 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 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,990 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,920 times   40 Legal Analyses
    Granting this discretion to the Attorney General
  15. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,294 times   77 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances
  16. Section 851 - Proceedings to establish prior convictions

    21 U.S.C. § 851   Cited 6,857 times   10 Legal Analyses
    Describing hearing as applying to resolve "any issues raised by the [defendant's] response which would except the [defendant] from increased punishment"
  17. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,100 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”
  18. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,905 times   18 Legal Analyses
    Providing for "a term of imprisonment of not more than 1 year" for possession offenses except for repeat offenders, persons who possess more than five grams of cocaine base, and persons who possess flunitrazepam
  19. Section 22-3609 - Appeals from municipal courts

    Kan. Stat. § 22-3609   Cited 34 times

    (a) The defendant shall have the right to appeal to the district court of the county from any judgment of a municipal court which adjudges the defendant guilty of a violation of the ordinances of any municipality of Kansas or any findings of contempt. The appeal shall be assigned by the chief judge to a district judge. The appeal shall stay all further proceedings upon the judgment appealed from. (b) An appeal to the district court shall be taken by filing, in the district court of the county in

  20. Section 12-4104 - Municipal court; jurisdiction; search warrants proscribed

    Kan. Stat. § 12-4104   Cited 18 times
    Explaining that municipal courts have jurisdiction over cases involving violations of city ordinances