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In re Eslamizar

30 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,659 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  2. In re Winship

    397 U.S. 358 (1970)   Cited 11,656 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  3. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,391 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  4. Hudson v. United States

    522 U.S. 93 (1997)   Cited 1,412 times   11 Legal Analyses
    Holding that courts must examine a statute "`on its face'" and may not consider the "`actual sanctions imposed'"

  5. Consumer Product Safety Commission v. GTE Sylvania, Inc.

    447 U.S. 102 (1980)   Cited 1,834 times   4 Legal Analyses
    Holding that information obtained in response to a FOIA request was a "public disclosure" for purposes of the Consumer Product Safety Act

  6. 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

  7. Stenberg v. Carhart

    530 U.S. 914 (2000)   Cited 377 times   1 Legal Analyses
    Holding unconstitutional a state law that, though it aimed to ban the "D&X" abortion procedure, was written so broadly that it prohibited D&E abortions, too, which were "the most commonly used method for performing previability second trimester abortions"

  8. Lewis v. United States

    518 U.S. 322 (1996)   Cited 200 times   1 Legal Analyses
    Holding that the Sixth Amendment's jury trial right does not apply to petty offenses

  9. United States v. James

    478 U.S. 597 (1986)   Cited 230 times
    Finding legislative history did not merit a departure from the plain language of the statute

  10. Fox v. Standard Oil Co.

    294 U.S. 87 (1935)   Cited 201 times
    Affirming the District Court's conclusion that a "resort to equity was permissible" where there "was an imperfect remedy at law"; complainant sought to "restrain the state tax commissioner from paying into the treasury" license taxes paid under protest and requested both "interlocutory and permanent relief"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 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

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,891 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 137.103 - Definitions for ORS 137.101 to 137.109

    ORS § 137.103   Cited 223 times
    Adopting that definition, with limited exception, for restitution purposes

  14. Section 131.005 - General definitions

    ORS § 131.005   Cited 184 times
    Defining "probable cause" as meaning that "there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it"

  15. Section 19 - Petty offense defined

    18 U.S.C. § 19   Cited 159 times   1 Legal Analyses
    Defining "petty offense" to include Class B misdemeanors

  16. Section 161.505 - "Offense" described

    ORS § 161.505   Cited 100 times
    Defining an “offense” as “conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state”

  17. Section 161.615 - Maximum terms of imprisonment for misdemeanors

    ORS § 161.615   Cited 83 times
    Setting maximum penalty for Class A misdemeanor of one year in jail

  18. Section 153.008 - Violations described

    ORS § 153.008   Cited 54 times
    Defining "violation"

  19. Section 153.018 - Maximum fines

    ORS § 153.018   Cited 18 times
    Setting the maximum fine for a Class A violation committed by an individual

  20. Section 161.566 - Misdemeanor treated as violation; prosecuting attorney's election

    ORS § 161.566   Cited 14 times
    Stating that "a prosecuting attorney may elect to treat any misdemeanor as a Class A violation"