In re Magallanes

16 Cited authorities

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"
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
United States v. Farnsworth
92 F.3d 1001 (10th Cir. 1996) Cited 100 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
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)
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"
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"
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"
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”
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
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"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,688 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
Section 16 - Crime of violence defined
18 U.S.C. § 16 Cited 3,507 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’
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable

In re Magallanes

16 Cited authorities

Holding that DUI checkpoint stops were reasonable where the "average delay for each vehicle was approximately 25 seconds"

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

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

Holding that a violation of the Texas statutory rape statute was categorically a crime of violence under 18 U.S.C. § 16(b)

Holding in the Sentencing Guidelines context that a "threatened use of force must be intentional; one cannot accidentally make a threat"

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"

Finding that the burglary of a private residence is a "crime of violence"

Affirming obstruction enhancement where defendant provided false name, requiring extra presentence investigatory work. even though defendant later admitted to true name

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"

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

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’

Delineating crimes that make alien deportable