Legal Opinion
United States v. West
Court of Appeals for the D.C. Circuit
Decided July 13, 2018No. Criminal Case No. 04-93 (RJL)PublishedCited by 14 opinions
1Opinion of the Court
7 There is one wrinkle when applying this general rule. When a court is "dealing with a so-called 'divisible' statute," it must "employ the 'modified categorical approach' to determine which alternative crime the defendant committed." United States v. Redrick , 841 F.3d 478, 482 (D.C. Cir. 2016). To do so, the court "look[s] beyond the statute 'to a limited class of documents (for example, the indictment, jury instructions, or plea agreement and colloquy) to determine what crime, with what elements, the defendant was convicted of.' " Id. (internal quotation marks and alteration omitted)…
2Cases cited15 opinions
- Moncrieffe v. HolderSupreme Court of the United States · 2013
- United States v. CastlemanSupreme Court of the United States · 2014
- United States v. Robert WinstonCourt of Appeals for the Fourth Circuit · 2017
- United States v. Ezekiel GardnerCourt of Appeals for the Fourth Circuit · 2016
- United States v. Roger RedrickCourt of Appeals for the D.C. Circuit · 2016
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. HammondCourt of Appeals for the D.C. Circuit · 2018
- Gabriel Garcia-Hernandez v. United StatesCourt of Appeals for the Eighth Circuit · 2019
- United States v. HammondCourt of Appeals for the D.C. Circuit · 2018
- United States v. Matthew WestCourt of Appeals for the D.C. Circuit · 2023
- United States v. ArringtonDistrict Court, District of Columbia · 2024
9 more not listed; retrieve them via the Exa API.