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In Babaisakov

36 Cited authorities

  1. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,577 times   29 Legal Analyses
    Holding the Sentencing Guidelines are advisory

  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,918 times   101 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”

  3. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,690 times   17 Legal Analyses
    Holding that “[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts ‘which the law makes essential to the punishment,’ and the judge exceeds his proper authority”

  4. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,309 times   4 Legal Analyses
    Holding that the "jury-trial guarantee proscribes a sentencing scheme that allows a judge to impose a sentence above the statutory maximum based on a fact, other than a prior conviction, not found by the jury or admitted by the defendant"

  5. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,267 times   24 Legal Analyses
    Holding that courts may consult "the charging document . . . or . . . some comparable judicial record of this information"

  6. Rita v. U.S.

    551 U.S. 338 (2007)   Cited 3,742 times   6 Legal Analyses
    Holding that an appellate court may apply a presumption of reasonableness to a within-guidelines sentence

  7. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,288 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’ "

  8. In re Winship

    397 U.S. 358 (1970)   Cited 11,784 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  9. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,188 times   47 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  10. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,410 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,517 times   189 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 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,899 times   143 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,715 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

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,034 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 3663 - Order of restitution

    18 U.S.C. § 3663   Cited 7,024 times   9 Legal Analyses
    Providing for the payment of restitution "to the State entity designated to administer crime victim assistance in the State in which the crime occurred"

  16. Section 7201 - Attempt to evade or defeat tax

    26 U.S.C. § 7201   Cited 3,382 times   23 Legal Analyses
    Attempting to evade or defeat tax

  17. Section 1029 - Fraud and related activity in connection with access devices

    18 U.S.C. § 1029   Cited 2,362 times   7 Legal Analyses
    Criminalizing conspiracy to commit access device fraud

  18. Section 1039 - Fraud and related activity in connection with obtaining confidential phone records information of a covered entity

    18 U.S.C. § 1039   Cited 19 times   4 Legal Analyses
    Prohibiting the obtaining of confidential phone records information by “making false or fraudulent statements or representations”