Legal Opinion · Concurring in part, dissenting in part

United States v. Miranda-Lopez

Court of Appeals for the Ninth Circuit

Decided July 17, 2008No. 07-50123Published

1Concurring in part, dissenting in partBybee, Circuit Judge

This case surely proves Justice Johnson’s maxim: “One half the doubts in life arise from the defects of language.” Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 232, 6 L.Ed. 23 (1824). I agree with much that the majority has written.1 I agree, for example, that 18 U.S.C. § 1028A(a)(l) is capable of multiple, reasonable interpretations. I further agree that the legislative history provides few clues for resolving the ambiguity. Compare United States v. Villanueva-Sotelo, 515 F.3d 1234, 1243-46 (D.C.Cir.2008) with id at 1252-55 (Henderson, J., dissenting). If I stopped reading the statute where the…

2Cases cited6 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. United States v. WilliamsSupreme Court of the United States · 2008
  3. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
  4. Liparota v. United StatesSupreme Court of the United States · 1985
  5. United States v. Villanueva-SoteloCourt of Appeals for the D.C. Circuit · 2008

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