Legal Opinion

United States v. Roger Henderson

Court of Appeals for the Third Circuit

Decided November 8, 2016No. 15-1562PublishedCited by 40 opinions

1Opinion of the Court

OPINION

VANASKIE, Circuit Judge.

Roger Henderson appeals the District Court’s determination that he was an Armed Career Criminal, pursuant to the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). To resolve this case, we must determine whether 35 Pa. Stat. Ann. § 780—113(f)(1) of Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act is “divisible” and subject to the modified categorical approach in light of the Supreme Court’s decision in Mathis v. United States, — U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016). We find that it is, and that the District Court properly used…

2Cases cited19 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Mathis v. United StatesSupreme Court of the United States · 2016
  5. Descamps v. United StatesSupreme Court of the United States · 2013

14 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Swaby v. YatesCourt of Appeals for the First Circuit · 2017
  2. United States v. Juan RamosCourt of Appeals for the Third Circuit · 2018
  3. United States v. Julio Aviles, Sr.Court of Appeals for the Third Circuit · 2019
  4. Juan Martinez v. Jefferson B. Sessions, IIICourt of Appeals for the Eighth Circuit · 2018
  5. Ramon Duran Guillen v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2018

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API