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In re Elgendi

26 Cited authorities

  1. Steele v. Blackman

    236 F.3d 130 (3d Cir. 2001)   Cited 155 times
    Holding that 30 grams is a small amount of marijuana

  2. Gerbier v. Holmes

    280 F.3d 297 (3d Cir. 2002)   Cited 120 times
    Holding that a drug conviction is an aggravated felony for deportation purposes if conviction contains a trafficking component

  3. Certiorari Granted

    531 U.S. 1102 (2001)   Cited 27 times

    JANUARY 8, 2001 00-7307 GARCIA-ENRIQUEZ v. UNITED STATES. C.A. 10th Cir. Certiorari denied. Reported below: 229 F.3d 1165. 00-7308 HUNTER v. UNITED STATES. C.A. D.C. Cir. Certiorari denied. 00-7309 IBARRA-GALINDO v. UNITED STATES. C.A. 9th Cir. Certiorari denied. Reported below: 206 F.3d 1337. 00-7313 HERNANDEZ v. UNITED STATES. C.A. 6th Cir. Certiorari denied. Reported below: 226 F.3d 782. 00-7315 HUGHEY v. UNITED STATES. C.A. 5th Cir. Certiorari denied. 00-7319 GOLDEN v. UNITED STATES. C.A. 11th

  4. Sutherland v. Reno

    228 F.3d 171 (2d Cir. 2000)   Cited 46 times
    Holding that the Massachusetts crime of sexual assault and battery of a minor is a crime of violence under § 16(b) because it "involves a non-consensual act upon another person"

  5. United States v. Ibarra-Galindo

    206 F.3d 1337 (9th Cir. 2000)   Cited 46 times
    Holding that drug felony under state law can constitute an aggravated felony for federal sentencing guidelines purposes even if the same conduct would not constitute a felony under federal law

  6. U.S. v. Arellano-Torres

    303 F.3d 1173 (9th Cir. 2002)   Cited 39 times
    Holding that under the 2001 Guidelines, which are identical in all material respects to the 2002 Guidelines, application note 6 applied to a defendant who committed his federal offense while he was on probation for a suspended term of imprisonment for a state offense that was subsequently revoked

  7. U.S. v. Hernandez-Avalos

    251 F.3d 505 (5th Cir. 2001)   Cited 40 times
    Rejecting uniformity arguments by noting that the Hypothetical Federal Felony approach creates a dichotomy between the application of section 924(c) in immigration proceedings and sentencing proceedings

  8. U.S. v. Cabrera-Sosa

    81 F.3d 998 (10th Cir. 1996)   Cited 43 times
    Holding that a prior New York felony conviction for possession of cocaine that also would have been punishable under 21 U.S.C. Section 844 constituted an aggravated felony under Section 2L1.2(b)

  9. U.S. v. Pornes-Garcia

    171 F.3d 142 (2d Cir. 1999)   Cited 37 times
    Holding that a state drug trafficking felony conviction that would have been a misdemeanor under federal law was an "aggravated felony" under 8 U.S.C. § 1101(B) for purposes of the U.S.S.G. § 2L1.2(b) enhancement

  10. Aguirre v. Immigration Naturalization Serv

    79 F.3d 315 (2d Cir. 1996)   Cited 39 times   1 Legal Analyses
    Holding that a state drug offense is an aggravated felony under 8 U.S.C. § 1101 if it would have been punishable as a felony under federal law

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,534 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)

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,343 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

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

    21 U.S.C. § 801   Cited 7,265 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

  14. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,075 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  15. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,932 times   79 Legal Analyses
    Defining "marijuana"

  16. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,384 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  17. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,886 times   18 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

  18. Section 812 - Schedules of controlled substances

    21 U.S.C. § 812   Cited 2,811 times   72 Legal Analyses
    Criminalizing heroin

  19. 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

  20. Section 460.10 - Appeal; how taken

    N.Y. Crim. Proc. Law § 460.10   Cited 1,484 times
    Providing thirty days to seek leave to appeal