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Matter of Aruna

32 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,659 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”

  2. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,229 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"

  3. Jones v. United States

    526 U.S. 227 (1999)   Cited 1,901 times   19 Legal Analyses
    Holding that "under the Due Process Clause of the Fifth Amendment and the notice and jury trial guarantees of the Sixth Amendment, any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt"

  4. United States v. Shabani

    513 U.S. 10 (1994)   Cited 610 times   1 Legal Analyses
    Holding that the government need not prove an overt act in furtherance to establish a violation of § 846

  5. U.S. v. Outen

    286 F.3d 622 (2d Cir. 2002)   Cited 162 times   1 Legal Analyses
    Holding that the "default" provision for indeterminate amounts of marijuana is 21 U.S.C. § 841(b)(D)

  6. Steele v. Blackman

    236 F.3d 130 (3d Cir. 2001)   Cited 155 times
    Holding that 30 grams is a small amount of marijuana

  7. Wilson v. Ashcroft

    350 F.3d 377 (3d Cir. 2003)   Cited 78 times
    Holding that there is no due process violation in the absence of prejudice

  8. U.S. v. Bartholomew

    310 F.3d 912 (6th Cir. 2002)   Cited 68 times   1 Legal Analyses
    Finding a defendant whose house was used a base of operations, who stored a shotgun and ammunition in the same residence where the drug deals were taking place, and who personally received at least one large shipment of marijuana was not entitled to the minor role reduction

  9. Jeune v. Attorney General

    476 F.3d 199 (3d Cir. 2007)   Cited 44 times
    Exercising plenary review over petitioner's legal argument that he was not convicted of aggravated felony

  10. Garcia-Echaverria v. U.S.

    376 F.3d 507 (6th Cir. 2004)   Cited 47 times
    Holding that habeas petitioner "became ineligible for a waiver of deportation" "[b]ecause he pleaded guilty . . . after the AEDPA was enacted on April 24, 1996"

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 91,072 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.

  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,766 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)

  13. Section 846 - Attempt and conspiracy

    21 U.S.C. § 846   Cited 44,082 times   19 Legal Analyses
    Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 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

  15. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,891 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  16. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,273 times   77 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  17. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,083 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”

  18. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,945 times   81 Legal Analyses
    Defining "marijuana"

  19. Section 844 - Penalties for simple possession

    21 U.S.C. § 844   Cited 2,891 times   18 Legal Analyses
    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