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In re Adeniye

19 Cited authorities

  1. Moncrieffe v. Holder

    569 U.S. 184 (2013)   Cited 1,398 times   15 Legal Analyses
    Holding that sharing marijuana not an aggravated felony

  2. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,220 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

  3. Carachuri-Rosendo v. Holder

    560 U.S. 563 (2010)   Cited 972 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

  4. Johnson v. United States

    529 U.S. 694 (2000)   Cited 974 times   6 Legal Analyses
    Holding that "postrevocation penalties relate to the original offense"

  5. United States v. Brooks

    751 F.3d 1204 (10th Cir. 2014)   Cited 82 times   2 Legal Analyses
    Holding that "in determining whether a state offense was punishable by a certain amount of imprisonment, the maximum amount of prison time a particular defendant could have received controls, rather than the amount of time the worse imaginable recidivist could have received"

  6. U.S. v. Murillo

    422 F.3d 1152 (9th Cir. 2005)   Cited 77 times
    Holding that, in determining whether a crime is punishable by more than one year, the operative term is "the potential maximum sentence defined by the applicable state criminal statute"

  7. Schrader v. Holder

    704 F.3d 980 (D.C. Cir. 2013)   Cited 41 times
    Finding standing under similar circumstances, where the plaintiff had been "denied the right to purchase guns on two occasions because he is listed in the NICS database as disqualified"

  8. U.S. v. Gallaher

    608 F.3d 1109 (9th Cir. 2010)   Cited 9 times
    Holding that the crime was subject to an unlimited limitations period under § 3281

  9. Section 924 - Penalties

    18 U.S.C. § 924   Cited 69,919 times   193 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)

  10. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 64,622 times   189 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,945 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

  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,118 times   43 Legal Analyses
    Granting this discretion to the Attorney General

  13. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,444 times   81 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

  14. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,526 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  15. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,978 times   20 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

  16. Section 751 - Prisoners in custody of institution or officer

    18 U.S.C. § 751   Cited 1,494 times   3 Legal Analyses
    Defining crime of escape and penalties

  17. Section 3146 - Penalty for failure to appear

    18 U.S.C. § 3146   Cited 1,418 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"

  18. Section 3281 - Capital offenses

    18 U.S.C. § 3281   Cited 126 times   2 Legal Analyses
    Stating that no statute of limitations exists for "any offense punishable by death"