In re Eslamizar

33 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,955 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”
  2. In re Winship

    397 U.S. 358 (1970)   Cited 11,804 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt
  3. 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
  4. Hudson v. United States

    522 U.S. 93 (1997)   Cited 1,446 times   11 Legal Analyses
    Holding that courts must examine a statute "'on its face'" and may not consider the "'actual sanctions imposed'"
  5. Consumer Product Safety Commission v. GTE Sylvania, Inc.

    447 U.S. 102 (1980)   Cited 1,840 times   4 Legal Analyses
    Holding that information obtained in response to a FOIA request was a "public disclosure" for purposes of the Consumer Product Safety Act
  6. Scott v. Illinois

    440 U.S. 367 (1979)   Cited 804 times   6 Legal Analyses
    Holding that a criminal defendant has no Sixth Amendment right to counsel when his trial does not result in a sentence of imprisonment
  7. Stenberg v. Carhart

    530 U.S. 914 (2000)   Cited 386 times   1 Legal Analyses
    Holding unconstitutional a state law that, though it aimed to ban the "D&X" abortion procedure, was written so broadly that it prohibited D&E abortions, too, which were "the most commonly used method for performing previability second trimester abortions"
  8. Lewis v. United States

    518 U.S. 322 (1996)   Cited 203 times   1 Legal Analyses
    Holding that the Sixth Amendment's jury trial right does not apply to petty offenses
  9. United States v. James

    478 U.S. 597 (1986)   Cited 231 times
    Finding legislative history did not merit a departure from the plain language of the statute
  10. Fox v. Standard Oil Co.

    294 U.S. 87 (1935)   Cited 201 times
    Affirming the District Court's conclusion that a "resort to equity was permissible" where there "was an imperfect remedy at law"; complainant sought to "restrain the state tax commissioner from paying into the treasury" license taxes paid under protest and requested both "interlocutory and permanent relief"
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,777 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
  12. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,053 times   42 Legal Analyses
    Granting this discretion to the Attorney General
  13. Section 137.103 - Definitions for ORS 137.101 to 137.109

    ORS § 137.103   Cited 226 times
    Adopting that definition, with limited exception, for restitution purposes
  14. Section 131.005 - General definitions

    ORS § 131.005   Cited 186 times
    Defining "probable cause" as meaning that "there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it"
  15. Section 19 - Petty offense defined

    18 U.S.C. § 19   Cited 162 times   1 Legal Analyses
    Defining "petty offense" to include Class B misdemeanors
  16. Section 161.505 - "Offense" described

    ORS § 161.505   Cited 100 times
    Defining an “offense” as “conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state”
  17. Section 164.043 - Theft in the third degree

    ORS § 164.043   Cited 97 times
    Providing that theft of property valued at less than $100 chargeable as third degree theft
  18. Section 161.615 - Maximum terms of imprisonment for misdemeanors

    ORS § 161.615   Cited 83 times
    Setting maximum penalty for Class A misdemeanor of one year in jail
  19. Section 161.635 - Fines for misdemeanors

    ORS § 161.635   Cited 73 times

    (1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding: (a) $6,250 for a Class A misdemeanor. (b) $2,500 for a Class B misdemeanor. (c) $1,250 for a Class C misdemeanor. (2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime. (3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction

  20. Section 153.008 - Violations described

    ORS § 153.008   Cited 55 times
    Defining "violation"