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In re Sweetser

20 Cited authorities

  1. 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’ "

  2. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 747 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

  3. 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

  4. United States v. Farnsworth

    92 F.3d 1001 (10th Cir. 1996)   Cited 97 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

  5. U.S. v. Parson

    955 F.2d 858 (3d Cir. 1992)   Cited 97 times
    Holding that violation of Delaware's reckless endangerment statute constitutes "crime of violence" for purposes of U.S.S.G. § 4B1.1

  6. U.S. v. Kirksey

    138 F.3d 120 (4th Cir. 1998)   Cited 64 times
    Holding that, under Maryland law, affidavit setting forth facts for probable cause, required by Md. R.Crim. P. 211(b), is part of charging papers

  7. U.S. v. O'Neal

    937 F.2d 1369 (9th Cir. 1990)   Cited 78 times
    Holding that vehicular manslaughter "qualifies as a violent felony under section 924(e)(B) in that it 'involves conduct that presents a serious potential risk of physical injury to another'"

  8. 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"

  9. U.S. v. Gacnik

    50 F.3d 848 (10th Cir. 1995)   Cited 33 times
    Holding that the court can examine the "charging papers, judgment of conviction, plea agreement or other statement by the defendant for the record, presentence report adopted by the court, and findings by the sentencing judge" to determine whether a prior offense was a crime of violence

  10. Vue v. Immigration & Naturalization Service

    92 F.3d 696 (8th Cir. 1996)   Cited 22 times
    Noting that "`immigration officers and courts, while precluded from considering the evidence, may examine the `record of conviction' (including the indictment or information, plea, verdict or judgment and sentence) to determine the crime of which the alien actually was convicted'" (quoting Wadman v. INS, 329 F.2d 812, 814 (9th Cir. 1964))

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,534 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 16,343 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 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’

  14. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  15. Section 18-1-501 - Definitions

    Colo. Rev. Stat. § 18-1-501   Cited 161 times
    Defining "reckless" as aconscious disregard of a substantial and unjustifiable risk