Legal Opinion
United States v. Pedro Pornes-Garcia
Court of Appeals for the Second Circuit
Decided March 26, 1999No. Docket 98-1335PublishedCited by 45 opinions
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge:
The narrow issue on this appeal is whether this Court’s construction of the phrase “aggravated felony” in a deportation statute applies to the same phrase used in the Sentencing Guidelines for purposes of determining a sentencing enhancement for an immigration offense. In Aguirre v. INS, 79 F.3d 315 (2d Cir.1996), we ruled that “aggravated felony,” as defined in the Immigration and Nationality Act, see 8 U.S.C. § 1101(a)(43)(1994 & Supp. II 1996), excludes drug offenses that are state, but not federal, felonies. The issue here is whether that same narrow…
2Cases cited20 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Stinson v. United StatesSupreme Court of the United States · 1993
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
- Atlantic Cleaners & Dyers, Inc. v. United StatesSupreme Court of the United States · 1932
- United States v. Hinojosa-LopezCourt of Appeals for the Fifth Circuit · 1997
15 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Lopez v. GonzalesSupreme Court of the United States · 2006
- David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.Court of Appeals for the Third Circuit · 2002
- United States v. Roy Lewis Mercurris, Also Known as Roy RogersCourt of Appeals for the Second Circuit · 1999
- United States v. Carlos PachecoCourt of Appeals for the Second Circuit · 2000
- United States v. Hernandez-AvalosCourt of Appeals for the Fifth Circuit · 2001
40 more not listed; retrieve them via the Exa API.