In re Magallanes

16 Cited authorities

  1. Michigan Department of State Police v. Sitz

    496 U.S. 444 (1990)   Cited 959 times   8 Legal Analyses
    Holding that DUI checkpoint stops were reasonable where the "average delay for each vehicle was approximately 25 seconds"
  2. Brown v. Crawford

    500 U.S. 933 (1991)   Cited 104 times
    Affirming district court's order that seized property be used to pay off monetary penalties imposed as part of defendant's sentence and concluding that such allocation was for defendant's benefit, rather than depriving him of his property altogether
  3. United States v. Farnsworth

    92 F.3d 1001 (10th Cir. 1996)   Cited 101 times
    Holding a declarant's out-of-court statements bear an indicia of reliability when a police officer interviewed the declarant immediately after the altercation and the officer had the opportunity to form an opinion as to the veracity of the statements
  4. U.S. v. Velazquez-Overa

    100 F.3d 418 (5th Cir. 1996)   Cited 88 times
    Holding that a violation of the Texas statutory rape statute was categorically a crime of violence under 18 U.S.C. § 16(b)
  5. U.S. v. Rutherford

    54 F.3d 370 (7th Cir. 1995)   Cited 84 times
    Holding in the Sentencing Guidelines context that a "threatened use of force must be intentional; one cannot accidentally make a threat"
  6. U.S. v. Gonzalez-Lopez

    911 F.2d 542 (11th Cir. 1990)   Cited 64 times
    Holding that Florida robbery could be considered a crime of violence for purposes of enhancement under the Sentencing Guidelines because it involved "the use of force, violence, assault, or putting in fear"
  7. U.S. v. Flores

    875 F.2d 1110 (5th Cir. 1989)   Cited 60 times
    Finding that the burglary of a private residence is a "crime of violence"
  8. United States v. Wood

    52 F.3d 272 (9th Cir. 1995)   Cited 32 times
    Holding that a statute involving sexual contact with children under 14 involved a “serious potential risk of physical injury” under the catch-all provision of U.S.S.G. § 4B1.2, because “the risk of violence is implicit in the size, age and authority position of the adult in dealing with a child”
  9. U.S. v. Jackson

    986 F.2d 312 (9th Cir. 1993)   Cited 11 times
    Affirming obstruction enhancement where defendant provided false name, requiring extra presentence investigatory work. even though defendant later admitted to true name
  10. U.S. v. Marzullo

    780 F. Supp. 658 (W.D. Mo. 1991)   Cited 9 times
    Finding arson to be an offense that "by its nature involves a substantial risk that physical force against the person or property of another would be used"
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,720 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 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,508 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’
  13. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable