In re Jimenez-Cedillo

41 Cited authorities

Mathis v. United States
136 S. Ct. 2243 (2016) Cited 4,467 times 7 Legal Analyses
Holding that a court employing the categorical approach "looks to a limited class of documents"
U.S. v. Williams
553 U.S. 285 (2008) Cited 1,737 times 10 Legal Analyses
Holding that "[w]hether someone . . . had an intent is a true-or-false determination, not a subjective judgment" and hence specifies a sufficiently determinate standard of criminal culpability
New York v. Ferber
458 U.S. 747 (1982) Cited 2,051 times 5 Legal Analyses
Holding child pornography is not subject to First Amendment protections
Morissette v. United States
342 U.S. 246 (1952) Cited 2,302 times 15 Legal Analyses
Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion
United States v. Engle
676 F.3d 405 (4th Cir. 2012) Cited 256 times
Holding that district court did not plainly err in ruling on motions for variances and stating that "480 months will reasonably protect society" before inviting defendant to allocute
U.S. v. Malloy
568 F.3d 166 (4th Cir. 2009) Cited 136 times
Holding that "no reasonable mistake of age defense is constitutionally required"
Jean-Louis v. Att'y Gen. U.S.
582 F.3d 462 (3d Cir. 2009) Cited 82 times 1 Legal Analyses
Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"
U.S. v. Fletcher
634 F.3d 395 (7th Cir. 2011) Cited 67 times
Holding that the internal prosecutorial guideline at issue did "not create a substantive right for the defendant which he may enforce, and is not subject to judicial review"
U.S. v. Hughes
632 F.3d 956 (6th Cir. 2011) Cited 66 times
Holding that "Section 2422(b) . . . was designed to protect children from the act of solicitation itself—a harm distinct from that proscribed by § 2423 [which criminalizes an intent to engage in illicit sex]."
U.S. v. Wilson
565 F.3d 1059 (8th Cir. 2009) Cited 59 times
Holding that "the First Amendment does not require a reasonable-mistake-of-age defense to charges of producing child pornography in violation of section 2251"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,892 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
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 10,004 times 79 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,246 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”
Section 2422 - Coercion and enticement
18 U.S.C. § 2422 Cited 3,175 times 24 Legal Analyses
Prohibiting "persuad[ing], induc[ing], entic[ing], or coerc[ing]" a minor to travel to engage in any sexual activity or "us[ing . . . any facility" of interstate commerce to "persuade[], induce[], entice[], or coerce[]" any minor to engage in any sexual activity
Section 3102 - Mistake as to age
18 Pa. C.S. § 3102 Cited 22 times
Defining critical age at 14

In re Jimenez-Cedillo

41 Cited authorities

Holding that a court employing the categorical approach "looks to a limited class of documents"

Holding that "[w]hether someone . . . had an intent is a true-or-false determination, not a subjective judgment" and hence specifies a sufficiently determinate standard of criminal culpability

Holding child pornography is not subject to First Amendment protections

Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion

Holding that district court did not plainly err in ruling on motions for variances and stating that "480 months will reasonably protect society" before inviting defendant to allocute

Holding that "no reasonable mistake of age defense is constitutionally required"

Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"

Holding that the internal prosecutorial guideline at issue did "not create a substantive right for the defendant which he may enforce, and is not subject to judicial review"

Holding that "Section 2422(b) . . . was designed to protect children from the act of solicitation itself—a harm distinct from that proscribed by § 2423 [which criminalizes an intent to engage in illicit sex]."

Holding that "the First Amendment does not require a reasonable-mistake-of-age defense to charges of producing child pornography in violation of section 2251"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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”

Prohibiting "persuad[ing], induc[ing], entic[ing], or coerc[ing]" a minor to travel to engage in any sexual activity or "us[ing . . . any facility" of interstate commerce to "persuade[], induce[], entice[], or coerce[]" any minor to engage in any sexual activity

Defining critical age at 14