Legal Opinion

United States v. Benito Hernandez

Court of Appeals for the Ninth Circuit

Decided March 5, 2003No. 02-50155PublishedCited by 77 opinions

1Opinion of the Court

Opinion by Judge GOULD; Concurrence by Judge BERZON.

ORDER

The opinion, filed December 30, 2002, is AMENDED as follows (the page and line references are to the slip opinion):

Page 15, line 12 [314 F.3d 430, 438]: Following the sentence “It was proper for us to use the canon of constitutional avoidance in Buckland.” add:

Hernandez, however, specifically points to the language in Harris rejecting “a dynamic view of statutory interpretation, under which the text might mean one thing when enacted yet another if the prevailing view of the Constitution later changed.” Id. at 2413. Hernandez interprets…

2Cases cited29 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. United States v. MendenhallSupreme Court of the United States · 1980
  4. Beck v. OhioSupreme Court of the United States · 1964
  5. Ybarra v. IllinoisSupreme Court of the United States · 1980

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

3Cited by77 opinions

  1. United States v. Steve Navarro-Vargas, United States of America v. Jose Antonio Leon-JassoCourt of Appeals for the Ninth Circuit · 2005
  2. United States v. Eric Alan MayoCourt of Appeals for the Ninth Circuit · 2005
  3. United States v. Enrique NavaCourt of Appeals for the Ninth Circuit · 2004
  4. United States v. Giovanni RamirezCourt of Appeals for the Ninth Circuit · 2003
  5. United States v. Gwaine CollinsCourt of Appeals for the Ninth Circuit · 2005

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

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