Dickerson v. New Banner Institute, Inc.

Holding that federal law defines terms in federal statutes unless Congress indicates otherwise

United States v. Brazel

Holding that the district court's failure to instruct on the buyer-seller theory of defense was not error where the instruction given addressed the substance of the requested buyer-seller instruction

U.S. v. Cooper

Holding that eyewitness testimony linking defendant with room where drugs were found coupled with evidence of large sums of currency found on his person was enough to show constructive possession of drugs

U.S. v. Cousins

Holding side yard was not curtilage

Resendiz-Alcaraz v. U.S. Attorney General

Upholding Board of Immigration Appeals' ruling that INA's definition of “conviction” includes state convictions expunged under a rehabilitative statute

U.S. v. Cisneros

Holding that the defendant could be convicted under § 841 after the government stipulated that only 931 kilograms of marijuana were seized, even though the indictment said over 1,000, because quantity is not an element of the offense

U.S. v. Mejias

Holding a plea of nolo contendere with adjudication withheld is a conviction that supports an enhanced sentence under 21 U.S.C. § 841(b)(B)

U.S. v. Graham

In Graham, for example, we upheld a sentence of mandatory life in prison under § 841(b)(1)(B), where one of the predicate convictions was a finding of guilt for felony possession of a controlled substance and a sentence of two years of probation that was ultimately expunged.

United States v. Lippner

Holding that the functions vested in the Attorney General by the Comprehensive Drug Abuse Prevention Act were properly delegated to the DEA

U.S. v. Norbury

Holding that an expunged or dismissed state court conviction still qualifies as a “prior conviction” under § 841(b)

Section 924 - Penalties

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)

Section 1101 - Definitions

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 1227 - Deportable aliens

Granting this discretion to the Attorney General

Section 801 - Congressional findings and declarations: controlled substances

Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

Section 851 - Proceedings to establish prior convictions

Describing hearing as applying to resolve "any issues raised by the [defendant's] response which would except the [defendant] from increased punishment"

Section 1229b - Cancellation of removal; adjustment of status

Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

Section 921 - Definitions

Adopting this definition

Section 844 - Penalties for simple possession

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

Section 812 - Schedules of controlled substances

Criminalizing heroin

Rule 9.140 - APPEAL PROCEEDINGS IN CRIMINAL CASES