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In re Martin

76 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,907 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. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,210 times   616 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,590 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment

  4. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,284 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "

  5. United States v. Ron Pair Enterprises, Inc.

    489 U.S. 235 (1989)   Cited 4,606 times   16 Legal Analyses
    Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"

  6. Bailey v. United States

    516 U.S. 137 (1995)   Cited 2,782 times   12 Legal Analyses
    Holding that Government must show active employment of firearm to support § 924(c) conviction

  7. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,746 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

  8. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,409 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  9. Rummel v. Estelle

    445 U.S. 263 (1980)   Cited 2,703 times   3 Legal Analyses
    Holding that Texas's recidivist statute did not violate the Eighth Amendment and declining to engage in "extensive intrusion into the basic line-drawing process that is pre-eminently the province of the legislature when it makes an act criminal"

  10. Hamling v. United States

    418 U.S. 87 (1974)   Cited 3,428 times   1 Legal Analyses
    Holding that statutory language in an indictment “must be accompanied with ... the facts and circumstances as will inform the accused of the specific offence” and “enable him to plead an acquittal or conviction in bar of prosecution for the same offense”

  11. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 62,978 times   187 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,704 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

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,031 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,199 times   36 Legal Analyses
    Adopting this definition

  15. 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’

  16. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,474 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  17. Section 2241 - Aggravated sexual abuse

    18 U.S.C. § 2241   Cited 2,094 times   12 Legal Analyses
    Authorizing maximum term of life imprisonment for sexual abuse of children; mandating life imprisonment for second offense

  18. Section 113 - Assaults within maritime and territorial jurisdiction

    18 U.S.C. § 113   Cited 2,010 times   3 Legal Analyses
    Adopting the definition of "serious bodily injury" codified at 18 U.S.C. § 1365(g)

  19. Section 13-1203 - Assault; classification

    Ariz. Rev. Stat. § 13-1203   Cited 607 times
    Stating it is a crime to assault another person

  20. Section 708.1 - Assault defined

    Iowa Code § 708.1   Cited 548 times
    Requiring "inten[t] to cause pain or injury"