In the Matter of Barrett

35 Cited authorities

  1. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,225 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
  2. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,390 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous
  3. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,095 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"
  4. Branzburg v. Hayes

    408 U.S. 665 (1972)   Cited 1,807 times   6 Legal Analyses
    Holding that government need not “demonstrate some ‘compelling need’ for a newsman's testimony”
  5. United States v. Wheeler

    435 U.S. 313 (1978)   Cited 809 times   1 Legal Analyses
    Holding that "the prosecution of an Indian in a federal district court under the Major Crimes Act, 18 U.S.C. § 1153, when he has previously been convicted in a tribal court of a lesser included offense arising out of the same incident" is not barred by the Double Jeopardy Clause
  6. Heath v. Alabama

    474 U.S. 82 (1985)   Cited 618 times   1 Legal Analyses
    Holding that a double jeopardy violation does not result from prosecutions by different sovereigns arising from the same act
  7. Bartkus v. Illinois

    359 U.S. 121 (1959)   Cited 908 times   4 Legal Analyses
    Holding that acquittal in state court didn't bar prosecution by federal government for substantially same crime
  8. Bell v. United States

    349 U.S. 81 (1955)   Cited 1,022 times   4 Legal Analyses
    Holding only one Mann Act charge could result from the single transport of two women
  9. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 245 times
    Holding that thirty-two-year-old statute must still be given its plain meaning
  10. United States v. Cruz

    805 F.2d 1464 (11th Cir. 1986)   Cited 216 times
    Holding that a court may deny a motion for competency hearing "without benefit of a full dress hearing so long as the court has no 'bona fide doubt' as to the competence of the defendant"
  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 90,833 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,567 times   186 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)
  13. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,533 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,345 times   92 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
  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,947 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  16. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,712 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  17. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,266 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
  18. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,086 times   41 Legal Analyses
    Granting civil remedies for RICO violation
  19. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,932 times   80 Legal Analyses
    Defining "marijuana"
  20. Section 951 - Definitions

    21 U.S.C. § 951   Cited 2,743 times   3 Legal Analyses

    (a) For purposes of this subchapter- (1) The term "import" means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States). (2) The term "customs territory of the United States" has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States. (b) Each term defined in section 802 of this