In re Gallardo

79 Cited authorities

Mathis v. United States
136 S. Ct. 2243 (2016) Cited 4,384 times 7 Legal Analyses
Holding that the categorical approach's reliance upon elements rather than means "does not change when a statute happens to list possible alternative means of commission"
Descamps v. United States
570 U.S. 254 (2013) Cited 4,965 times 23 Legal Analyses
Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,023 times 503 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Taylor v. United States
495 U.S. 575 (1990) Cited 5,237 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’ "
Jennings v. Rodriguez
138 S. Ct. 830 (2018) Cited 1,044 times 1 Legal Analyses
Holding the court erred in invoking the canon of constitutional avoidance when interpreting an unambiguous immigration statute
National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,176 times 41 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
Yates v. United States
574 U.S. 528 (2015) Cited 480 times 7 Legal Analyses
Holding that, in light of a statute's illustrative list, "tangible object" covers "only objects one can use to record or preserve information, not all objects in the physical world"
Keene Corp. v. United States
508 U.S. 200 (1993) Cited 607 times 3 Legal Analyses
Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"
Richardson v. United States
468 U.S. 317 (1984) Cited 707 times 4 Legal Analyses
Holding that "the failure of the jury to reach a verdict is not an event which terminates jeopardy" and that "[r]egardless of the sufficiency of the evidence at petitioner's first trial, he has no valid double jeopardy claim to prevent his retrial"
Arthur Andersen v. U. S
544 U.S. 696 (2005) Cited 310 times 9 Legal Analyses
Holding that a conviction for obstruction of justice requires "requires proof of nexus between corrupt persuasion and particular proceeding."
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,355 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
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,886 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1512 - Tampering with a witness, victim, or an informant
18 U.S.C. § 1512 Cited 4,341 times 41 Legal Analyses
Defining "law enforcement officer" as "an officer or employee of the Federal Government "
Section 401 - Power of court
18 U.S.C. § 401 Cited 2,212 times 10 Legal Analyses
Finding of contempt discretionary in Court
Section 1621 - Perjury generally
18 U.S.C. § 1621 Cited 1,536 times 12 Legal Analyses
Criminalizing perjury
Section 3146 - Penalty for failure to appear
18 U.S.C. § 3146 Cited 1,394 times 1 Legal Analyses
Providing that any term of imprisonment imposed on a failure to appear conviction must be served "consecutive to the sentence of imprisonment for any other offense"
Section 4 - Misprision of felony
18 U.S.C. § 4 Cited 1,350 times 10 Legal Analyses
Subjecting to criminal penalties anyone with "knowledge ... of a felony" and who "conceals" that felony from authorities
Section 3 - Accessory after the fact
18 U.S.C. § 3 Cited 1,052 times 4 Legal Analyses
Requiring that the offender act “in order to hinder or prevent [the principal's] apprehension, trial or punishment”
Section 7212 - Attempts to interfere with administration of internal revenue laws
26 U.S.C. § 7212 Cited 734 times 26 Legal Analyses
Making it a felony to "corruptly or by force or threats of force . . . endeavor[] to intimidate or impede any officer or employee of the United States acting in an official capacity under [the Tax Code]"
Section 2243 - Sexual abuse of a minor, a ward, or an individual in Federal custody
18 U.S.C. § 2243 Cited 605 times 3 Legal Analyses
Providing for a 15-year maximum sentence but not covering attempts

In re Gallardo

79 Cited authorities

Holding that the categorical approach's reliance upon elements rather than means "does not change when a statute happens to list possible alternative means of commission"

Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding the court erred in invoking the canon of constitutional avoidance when interpreting an unambiguous immigration statute

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

Holding that, in light of a statute's illustrative list, "tangible object" covers "only objects one can use to record or preserve information, not all objects in the physical world"

Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"

Holding that "the failure of the jury to reach a verdict is not an event which terminates jeopardy" and that "[r]egardless of the sufficiency of the evidence at petitioner's first trial, he has no valid double jeopardy claim to prevent his retrial"

Holding that a conviction for obstruction of justice requires "requires proof of nexus between corrupt persuasion and particular proceeding."

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting this discretion to the Attorney General

Defining "law enforcement officer" as "an officer or employee of the Federal Government "

Finding of contempt discretionary in Court

Criminalizing perjury

Providing that any term of imprisonment imposed on a failure to appear conviction must be served "consecutive to the sentence of imprisonment for any other offense"

Subjecting to criminal penalties anyone with "knowledge ... of a felony" and who "conceals" that felony from authorities

Requiring that the offender act “in order to hinder or prevent [the principal's] apprehension, trial or punishment”

Making it a felony to "corruptly or by force or threats of force . . . endeavor[] to intimidate or impede any officer or employee of the United States acting in an official capacity under [the Tax Code]"

Providing for a 15-year maximum sentence but not covering attempts