§Why CasetextPricing

USA v. Tzvetkoff et al

MEMORANDUM in Support

96 Cited authorities

  1. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,446 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory

  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,702 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  3. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,758 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"

  4. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,245 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’ "

  5. Begay v. United States

    553 U.S. 137 (2008)   Cited 1,936 times   12 Legal Analyses
    Holding that strict liability or negligence crimes only qualify as ACCA predicates when they involve "purposeful, violent, and aggressive" conduct

  6. United States v. Lanier

    520 U.S. 259 (1997)   Cited 2,412 times   4 Legal Analyses
    Holding that courts should look to prior judicial decisions interpreting a statute in considering whether it is vague

  7. United States v. Gaudin

    515 U.S. 506 (1995)   Cited 1,664 times   15 Legal Analyses
    Holding that a jury must decide whether a false statement under § 1001 is "material"

  8. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,156 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  9. Staples v. United States

    511 U.S. 600 (1994)   Cited 1,162 times   6 Legal Analyses
    Holding that a presumption of mens rea applies to statute otherwise silent on knowledge and thus requiring defendant to have known that the gun was an automatic

  10. Flores-Figueroa v. United States

    556 U.S. 646 (2009)   Cited 590 times   5 Legal Analyses
    Holding that the adverb "knowingly" in a criminal statute applies "to all the subsequently listed elements of the crime"

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 66,194 times   187 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 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,934 times   183 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"

  13. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,353 times   142 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  14. Section 2252 - Certain activities relating to material involving the sexual exploitation of minors

    18 U.S.C. § 2252   Cited 6,285 times   33 Legal Analyses
    Punishing one who “knowingly sells or possesses” child pornography

  15. Section 1512 - Tampering with a witness, victim, or an informant

    18 U.S.C. § 1512   Cited 4,376 times   41 Legal Analyses
    Defining "law enforcement officer" as "an officer or employee of the Federal Government "

  16. Section 1957 - Engaging in monetary transactions in property derived from specified unlawful activity

    18 U.S.C. § 1957   Cited 3,291 times   41 Legal Analyses
    Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt

  17. Section 1028 - Fraud and related activity in connection with identification documents, authentication features, and information

    18 U.S.C. § 1028   Cited 2,118 times   12 Legal Analyses
    Defining "identification document"

  18. Section 860 - Distribution or manufacturing in or near schools and colleges

    21 U.S.C. § 860   Cited 1,239 times   4 Legal Analyses
    Enhancing penalties because § 841 offense was committed near school

  19. Section 1955 - Prohibition of illegal gambling businesses

    18 U.S.C. § 1955   Cited 1,108 times   9 Legal Analyses
    Conducting an illegal gambling business

  20. Section 842 - Unlawful acts

    18 U.S.C. § 842   Cited 383 times   5 Legal Analyses
    Prohibiting the distribution of information relating to explosives, destructive devices, and weapons of mass destruction in relation to a crime of violence