In re Velasquez-Rios

14 Cited authorities

  1. Ewing v. California

    538 U.S. 11 (2003)   Cited 2,718 times   2 Legal Analyses
    Holding sentence of twenty-five years to life for theft of three golf clubs, valued at approximately $1200, was not violative of the Eighth Amendment, given defendant's prior felony convictions
  2. McNeill v. U.S.

    563 U.S. 816 (2011)   Cited 235 times   3 Legal Analyses
    Holding "that a federal sentencing court must determine whether ‘an offense under State law’ is a ‘serious drug offense’ by consulting the ‘maximum term of imprisonment’ applicable to a defendant's previous drug offense at the time of the defendant's state conviction for that offense" (quoting § 924(e) )
  3. Jordan v. De George

    341 U.S. 223 (1951)   Cited 711 times   6 Legal Analyses
    Holding that defrauding the United States of tax on distilled spirits is a serious crime involving moral turpitude
  4. United States v. Diaz

    821 F.3d 1051 (9th Cir. 2016)   Cited 94 times   1 Legal Analyses
    Holding "that California's Proposition 47, offering post-conviction relief by reclassifying certain past felony convictions as misdemeanors, does not undermine a prior conviction's felony-status for purposes of" a federal sentencing enhancement based on those prior convictions
  5. Ceron v. Holder

    747 F.3d 773 (9th Cir. 2014)   Cited 80 times
    Holding that a sentence "not exceeding one year" is a sentence that likewise falls within the meaning of the phrase "one year or longer"
  6. Vasquez v. United States

    137 S. Ct. 840 (2017)   Cited 7 times

    No. 16–7259. 01-23-2017 Jesse VASQUEZ, petitioner, v. UNITED STATES. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

  7. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 91,051 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
  8. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,754 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)
  9. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,363 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
  10. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,718 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,890 times   40 Legal Analyses
    Granting this discretion to the Attorney General
  12. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,082 times   24 Legal Analyses
    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”
  13. Section 18.5 - Imprisonment for misdemeanors

    Cal. Pen. Code § 18.5   Cited 31 times   1 Legal Analyses

    (a) Every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days. This section shall apply retroactively, whether or not the case was final as of January 1, 2015. (b) A person who was sentenced to a term of one year in county jail prior to January 1, 2015, may submit an application before the trial court that entered the judgment of

  14. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 305 times   4 Legal Analyses
    Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"