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In re L-G

43 Cited authorities

  1. Francis v. Immigration Naturalization Serv

    532 F.2d 268 (2d Cir. 1976)   Cited 249 times   2 Legal Analyses
    Holding that "fundamental fairness" dictates that § 212(c) apply to resident aliens in deportation as well as exclusion proceedings

  2. United States v. Brown

    761 F.2d 1272 (9th Cir. 1985)   Cited 85 times
    Holding that defendant's "failure to move for dismissal under the Speedy Trial Act prior to trial results in waiver of the right to dismissal under it" (internal citation and alteration omitted)

  3. United States v. Swiderski

    548 F.2d 445 (2d Cir. 1977)   Cited 103 times   1 Legal Analyses
    Holding that "where two individuals simultaneously and jointly acquire possession of a drug for their own use, intending only to share it together, their only crime is personal drug abuse simple joint possession," so long as they lack "any intent to distribute the drug further"

  4. U.S. v. Forbes

    16 F.3d 1294 (1st Cir. 1994)   Cited 59 times
    Holding that Section (b) is a sentence enhancement factor

  5. United States v. Martin

    599 F.2d 880 (9th Cir. 1979)   Cited 90 times   1 Legal Analyses
    Holding that the Fourth Amendment does not require wiretap application to show probable cause that non-targeted individual named as a "probable converser" committed a crime

  6. U.S. v. Williams

    985 F.2d 749 (5th Cir. 1993)   Cited 56 times
    Holding the same because evidence that the crime lab chemist "pilfer[ed] drugs from the lab" did not call into question evidence that the substance the defendants possessed was "cocaine or crack" when the stolen drugs were of a different kind and were entirely unrelated to the defendants' case

  7. U.S. v. Fisher

    912 F.2d 728 (4th Cir. 1990)   Cited 57 times
    Holding small quantity of cocaine separated into numerous smaller bags, presence of handguns, and large quantity of cash provided sufficient circumstantial evidence to affirm defendant's conviction for possession with intent to distribute

  8. U.S. v. Knox

    950 F.2d 516 (8th Cir. 1991)   Cited 47 times
    Holding that simple possession of more than five grams of crack (cocaine base), which carries a penalty of not less than five nor more than 20 years' imprisonment, see 21 U.S.C. § 844, is a drug trafficking offense on which a section 924(c) conviction was properly predicated

  9. U.S. v. Lomas

    30 F.3d 1191 (9th Cir. 1994)   Cited 42 times
    Holding that to determine whether a conviction constitutes an aggravated felony for the purpose of 8 U.S.C. § 1326, a court should look to the statutory definition of the crime, not to the underlying facts

  10. U.S. v. Willis

    890 F.2d 1099 (10th Cir. 1989)   Cited 49 times
    Holding that once the government makes a prima facie showing of reasonable minimization, the burden shifts to the defendant to show more effective minimization could have taken place

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 94,705 times   148 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,952 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)

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,797 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 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,730 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  15. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,956 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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

    21 U.S.C. § 801   Cited 7,395 times   79 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

  17. Section 802 - Definitions

    21 U.S.C. § 802   Cited 4,090 times   85 Legal Analyses
    Excluding hemp from the schedules

  18. Section 843 - Prohibited acts C

    21 U.S.C. § 843   Cited 3,821 times   8 Legal Analyses
    Acquiring controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge

  19. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,494 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  20. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,963 times   19 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