Matter of Louissaint

18 Cited authorities

  1. 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’ "
  2. Payton v. New York

    445 U.S. 573 (1980)   Cited 7,633 times   33 Legal Analyses
    Holding that a New York statute "authoriz[ing] police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest" was "not consistent with the Fourth Amendment"
  3. U.S. v. Bennett

    472 F.3d 825 (11th Cir. 2006)   Cited 280 times
    Holding that the prejudice requirement of the plain error test was met where the defendant had been sentenced under an erroneously high guidelines range, and the “the district judge expressly indicated a desire to impose a sentence near the low end of the sentencing Guidelines range”
  4. Cuevas-Gaspar v. Gonzales

    430 F.3d 1013 (9th Cir. 2005)   Cited 117 times   1 Legal Analyses
    Holding that “for purposes of satisfying the seven-years of continuous residence ‘after having been admitted in any status' required for cancellation of removal under 8 U.S.C. § 1229b, a parent's admission for permanent resident status is imputed to the parent's unemancipated minor children residing with the parent”
  5. Delgado v. State

    776 So. 2d 233 (Fla. 2000)   Cited 111 times   2 Legal Analyses
    Holding that decision ruling that crime by guest or invitee does not constitute burglary would not apply retroactively to final convictions
  6. U.S. v. Pinto

    875 F.2d 143 (7th Cir. 1989)   Cited 60 times
    Holding that the Sentencing Guidelines do not violate a defendant's due process right to an individualized sentence
  7. Robertson v. State

    699 So. 2d 1343 (Fla. 1997)   Cited 40 times   1 Legal Analyses
    Finding the death sentence disproportionate where HAC and other aggravation was offset by the mitigating factors of age, impaired capacity, childhood abuse, and mental mitigation
  8. Miller v. State

    733 So. 2d 955 (Fla. 1998)   Cited 38 times
    Holding that if a defendant can establish that the premises were open to the public, then this is a complete defense to burglary
  9. R.J.K. v. State

    928 So. 2d 499 (Fla. Dist. Ct. App. 2006)   Cited 13 times

    No. 2D04-4216. May 10, 2006. Appeal from the Circuit Court, Hillsborough County, Mark R. Wolfe, J. James Marion Moorman, Public Defender, and A. Anne Owens, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee. SALCINES, Judge. R.J.K. appeals a disposition order adjudicating him delinquent based on a finding that he committed burglary of a dwelling and grand theft. Because the

  10. P.D.T. v. State

    996 So. 2d 919 (Fla. Dist. Ct. App. 2008)   Cited 3 times
    Reversing adjudication of delinquency for burglary of a dwelling and observing that the "intent to commit an offense therein" under the statute "is an essential element of the offense"
  11. 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)
  12. 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"
  13. Section 810.02 - Burglary

    Fla. Stat. § 810.02   Cited 1,226 times   1 Legal Analyses
    Defining "burglary" for "offenses committed on or before July 1, 2001"
  14. Section 810.015 - Legislative findings and intent; burglary

    Fla. Stat. § 810.015   Cited 44 times
    Reinstating Ray