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In re PUENTE-Salazar

40 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,016 times   501 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,236 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’ "

  3. Bailey v. United States

    516 U.S. 137 (1995)   Cited 2,762 times   12 Legal Analyses
    Holding that Government must show active employment of firearm to support § 924(c) conviction

  4. United Savings Assn. v. Timbers of Inwood Forest

    484 U.S. 365 (1988)   Cited 2,047 times   10 Legal Analyses
    Holding that § 506(b) “deni [es] ... postpetition interest to undersecured creditors,” and recognizing “an apparent anomaly” that when a debtor proves solvent, 11 U.S.C. § 726 provides for post-petition interest on unsecured claims “but not on the secured portion of undersecured creditors' claims,” but concluding that these particular “inequitable effects ... are entirely avoidable, since an undersecured creditor is entitled to ‘surrender or waive his security and prove his entire claim as an unsecured one’ ”

  5. Mistretta v. United States

    488 U.S. 361 (1989)   Cited 1,920 times   10 Legal Analyses
    Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

  6. Smith v. United States

    508 U.S. 223 (1993)   Cited 1,172 times   3 Legal Analyses
    Holding that a person who sells a firearm "uses" it within the meaning of 18 U.S.C. § 924(d) "even though those actions do not involve using the firearm as a weapon"

  7. K Mart Corp. v. Cartier, Inc.

    486 U.S. 281 (1988)   Cited 791 times   6 Legal Analyses
    Holding a C.F.R. provision invalid because it conflicted with the unequivocal language of the statute

  8. Brandenburg v. Ohio

    395 U.S. 444 (1969)   Cited 999 times   8 Legal Analyses
    Holding that mere advocacy of violence is protected by the First Amendment, unless intended to incite it or produce imminent lawlessness, and rejecting the contrary rule in Whitney v. California , 274 U.S. 357, 47 S.Ct. 641, 71 L.Ed. 1095, as having been "thoroughly discredited by later decisions"

  9. 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

  10. Fong Haw Tan v. Phelan

    333 U.S. 6 (1948)   Cited 206 times   2 Legal Analyses
    Rejecting government's definition of provision authorizing deportation for multiple criminal convictions

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,546 times   186 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)

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,344 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

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,711 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,277 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

  16. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,471 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’

  17. Section 49.04 - Driving While Intoxicated

    Tex. Pen. Code § 49.04   Cited 2,426 times   2 Legal Analyses
    Providing that a person is guilty of a misdemeanor if she operates a motor vehicle in a public place while intoxicated

  18. Section 49.09 - Enhanced Offenses and Penalties

    Tex. Pen. Code § 49.09   Cited 934 times
    Pertaining to enhancement of a DWI to felony status

  19. Section 12.34 - Third Degree Felony Punishment

    Tex. Pen. Code § 12.34   Cited 809 times   1 Legal Analyses
    Establishing the punishment range of two to ten years

  20. Section 991 - United States Sentencing Commission; establishment and purposes

    28 U.S.C. § 991   Cited 763 times   2 Legal Analyses
    Instructing the Commission to pay particular attention to those disparities