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In re Santos-Lopez

17 Cited authorities

  1. Certiorari Granted

    531 U.S. 1102 (2001)   Cited 27 times

    JANUARY 8, 2001 00-7307 GARCIA-ENRIQUEZ v. UNITED STATES. C.A. 10th Cir. Certiorari denied. Reported below: 229 F.3d 1165. 00-7308 HUNTER v. UNITED STATES. C.A. D.C. Cir. Certiorari denied. 00-7309 IBARRA-GALINDO v. UNITED STATES. C.A. 9th Cir. Certiorari denied. Reported below: 206 F.3d 1337. 00-7313 HERNANDEZ v. UNITED STATES. C.A. 6th Cir. Certiorari denied. Reported below: 226 F.3d 782. 00-7315 HUGHEY v. UNITED STATES. C.A. 5th Cir. Certiorari denied. 00-7319 GOLDEN v. UNITED STATES. C.A. 11th

  2. U.S. v. Hinojosa-Lopez

    130 F.3d 691 (5th Cir. 1997)   Cited 52 times
    Holding that possession of marijuana under TEXAS HEALTH SAFETY CODE § 481.121 is an aggravated felony

  3. United States v. Ibarra-Galindo

    206 F.3d 1337 (9th Cir. 2000)   Cited 46 times
    Holding that drug felony under state law can constitute an aggravated felony for federal sentencing guidelines purposes even if the same conduct would not constitute a felony under federal law

  4. U.S. v. Hernandez-Avalos

    251 F.3d 505 (5th Cir. 2001)   Cited 40 times
    Rejecting uniformity arguments by noting that the Hypothetical Federal Felony approach creates a dichotomy between the application of section 924(c) in immigration proceedings and sentencing proceedings

  5. U.S. v. Cabrera-Sosa

    81 F.3d 998 (10th Cir. 1996)   Cited 43 times
    Holding that a prior New York felony conviction for possession of cocaine that also would have been punishable under 21 U.S.C. Section 844 constituted an aggravated felony under Section 2L1.2(b)

  6. U.S. v. Pornes-Garcia

    171 F.3d 142 (2d Cir. 1999)   Cited 37 times
    Holding that a state drug trafficking felony conviction that would have been a misdemeanor under federal law was an "aggravated felony" under 8 U.S.C. § 1101(B) for purposes of the U.S.S.G. § 2L1.2(b) enhancement

  7. U.S. v. Restrepo-Aguilar

    74 F.3d 361 (1st Cir. 1996)   Cited 34 times
    Holding that the statutory definition in § 924(c) "plainly does not require that an offense, in order to be a drug trafficking crime, be subject to a particular magnitude of punishment if prosecuted under the CSA"

  8. U.S. v. Briones-Mata

    116 F.3d 308 (8th Cir. 1997)   Cited 24 times
    Holding state felony possession offenses are aggravated felonies

  9. United States v. Simon

    168 F.3d 1271 (11th Cir. 1999)   Cited 21 times
    Finding that enhanced penalties under the sentencing guidelines for aggravated felony convictions was appropriate for defendant with state felony conviction for possession of cocaine, even if it was a misdemeanor under the CSA

  10. Section 924 - Penalties

    18 U.S.C. § 924   Cited 68,828 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)

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,778 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 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,054 times   42 Legal Analyses
    Granting this discretion to the Attorney General

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

    21 U.S.C. § 801   Cited 7,393 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

  14. Section 802 - Definitions

    21 U.S.C. § 802   Cited 4,080 times   85 Legal Analyses
    Excluding hemp from the schedules

  15. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,962 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

  16. Section 951 - Definitions

    21 U.S.C. § 951   Cited 2,803 times   3 Legal Analyses

    (a) For purposes of this subchapter- (1) The term "import" means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States). (2) The term "customs territory of the United States" has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States. (b) Each term defined in section 802 of this

  17. Section 12.22 - Class B Misdemeanor

    Tex. Pen. Code § 12.22   Cited 161 times
    Imposing maximum sentence of 180 days imprisonment for class B misdemeanors