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Matter of Milian

23 Cited authorities

  1. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,239 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"

  2. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,246 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. People v. West

    3 Cal.3d 595 (Cal. 1970)   Cited 729 times   1 Legal Analyses
    Holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining; an accepted plea bargain must be recorded; and court may accept a bargained plea to a lesser offense reasonably related to a charged offense

  4. Navarro-Lopez v. Gonzales

    503 F.3d 1063 (9th Cir. 2007)   Cited 118 times
    Holding that a definition of moral turpitude that encompassed all criminal conduct would be overbroad and contrary to the intent of Congress

  5. Tokatly v. Ashcroft

    371 F.3d 613 (9th Cir. 2004)   Cited 126 times   1 Legal Analyses
    Holding that an implicit waiver occurred when the party failed to “argue waiver instead elected to address the issue on the merits”

  6. U.S. v. Snellenberger

    548 F.3d 699 (9th Cir. 2008)   Cited 97 times
    Holding that a minute order can be relied upon to prove that the defendant pled guilty to a particular count in a charging document

  7. Parrilla v. Gonzales

    414 F.3d 1038 (9th Cir. 2005)   Cited 94 times   1 Legal Analyses
    Holding that documents may be considered under the modified categorical approach "if specifically incorporated into the guilty plea or admitted by a defendant"

  8. Ortega-Mendez v. Gonzales

    450 F.3d 1010 (9th Cir. 2006)   Cited 78 times
    Holding that simple battery under California Penal Code section 242 is not a crime of violence under 18 U.S.C. § 16 because it can be based on "the least touching"

  9. Sandoval-Lua v. Gonzales

    499 F.3d 1121 (9th Cir. 2007)   Cited 75 times   1 Legal Analyses
    Holding that a conviction under the nearly identical Cal. Health Safety Code § 11379 is not categorically an aggravated felony

  10. Larin-Ulloa v. Gonzales

    462 F.3d 456 (5th Cir. 2006)   Cited 74 times   1 Legal Analyses
    Holding that portion of § 21-3414(c) proscribing physical contact "whereby great bodily harm, disfigurement or death can be inflicted," did not contain a physical force element

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,929 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  12. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,482 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’