44 Cited authorities

United States v. Booker
543 U.S. 220 (2005) Cited 25,398 times 28 Legal Analyses
Holding the Sentencing Guidelines are advisory
Welch v. United States
578 U.S. 120 (2016) Cited 4,884 times 8 Legal Analyses
Holding that Johnson , which invalidated the Armed Career Criminal Act's residual clause, announced a new substantive rule
Brecht v. Abrahamson
507 U.S. 619 (1993) Cited 11,824 times 30 Legal Analyses
Holding that when a court has "never squarely addressed the issue, and ha at most assumed" something in a prior decision, it is "free to address the issue on the merits"
Johnson v. U.S.
559 U.S. 133 (2010) Cited 2,749 times 14 Legal Analyses
Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"
Taylor v. United States
495 U.S. 575 (1990) Cited 5,238 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’ "
U.S. v. Romero
491 F.3d 1173 (10th Cir. 2007) Cited 189 times
Holding that challenges to the method the district court employed to calculate a sentence implicate procedural reasonableness
U.S. v. Silva
608 F.3d 663 (10th Cir. 2010) Cited 152 times 4 Legal Analyses
Holding § 30-3-2 is categorically a violent felony under the Elements Clause
United States v. Montes-Flores
736 F.3d 357 (4th Cir. 2013) Cited 93 times
Holding that ABHAN is categorically not a crime of violence under the guidelines
United States v. Bell
158 F. Supp. 3d 906 (N.D. Cal. 2016) Cited 82 times
Holding that Castleman 's analysis regarding the indirect use of physical force applies equally to the § 924(c) context
United States v. Dominguez-Maroyoqui
748 F.3d 918 (9th Cir. 2014) Cited 77 times
Holding that simple assault under 18 U.S.C. § 111 is not a crime of violence under the Sentencing Guidelines’ enhancement for unlawful entry because it can be committed by "spitting in mail carrier's face"
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 129,482 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 924 - Penalties
18 U.S.C. § 924 Cited 65,709 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)
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 60,453 times 181 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
Section 30-16-2 - Robbery
N.M. Stat. § 30-16-2 Cited 185 times
Stating that robbery accomplished with the use of a deadly weapon is a first degree felony
Section 30-28-1 - [Effective ninety days after adjournment] Attempt to commit a felony
N.M. Stat. § 30-28-1 Cited 130 times
Requiring "an overt act in furtherance of and with intent to commit" the crime
Section 30-6-2 - Abandonment of dependent
N.M. Stat. § 30-6-2 Cited 2 times
Providing that abandoning or failing to support a dependent thereby leaving the spouse or minor child dependent upon public support constitutes a fourth degree felony

Raymond v. United States of America

44 Cited authorities

Holding the Sentencing Guidelines are advisory

Holding that Johnson , which invalidated the Armed Career Criminal Act's residual clause, announced a new substantive rule

Holding that when a court has "never squarely addressed the issue, and ha at most assumed" something in a prior decision, it is "free to address the issue on the merits"

Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"

Holding that challenges to the method the district court employed to calculate a sentence implicate procedural reasonableness

Holding § 30-3-2 is categorically a violent felony under the Elements Clause

Holding that ABHAN is categorically not a crime of violence under the guidelines

Holding that Castleman 's analysis regarding the indirect use of physical force applies equally to the § 924(c) context

Holding that simple assault under 18 U.S.C. § 111 is not a crime of violence under the Sentencing Guidelines’ enhancement for unlawful entry because it can be committed by "spitting in mail carrier's face"

Adopting one-year limitations period for §2255 motions

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

Stating that robbery accomplished with the use of a deadly weapon is a first degree felony

Requiring "an overt act in furtherance of and with intent to commit" the crime

Providing that abandoning or failing to support a dependent thereby leaving the spouse or minor child dependent upon public support constitutes a fourth degree felony