United States v. Melvin Martinez-Lopez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Partial Concurrence and Partial Dissent by Judge BERZON;
Partial Concurrence and Partial Dissent by Judge BYBEE;
Dissent by Judge REINHARDT
OPINION
TALLMAN, Circuit Judge:
OVERVIEW
We took this case en banc to revisit the divisibility of California drug statutes.1 This case involves California Health and Safety Code section 11352, which—like many California drug statutes—criminalizes a variety of activities related to certain controlled substances identified by reference to other code provisions. If a categorically overbroad statute like section 11352 is divisible, then it is subject' to the…
2Cases cited42 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. DixonSupreme Court of the United States · 1993
- United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
- United States v. CornerCourt of Appeals for the Seventh Circuit · 2010
- People v. MasonCalifornia Supreme Court · 1991
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3Cited by73 opinions
- Michael Allen v. Richard IvesCourt of Appeals for the Ninth Circuit · 2020
- United States v. Jesus BarraganCourt of Appeals for the Ninth Circuit · 2017
- Quawntay Adams v. United StatesCourt of Appeals for the Seventh Circuit · 2018
- United States v. Bryshun FurlowCourt of Appeals for the Fourth Circuit · 2019
- United States v. Luis Ocampo-EstradaCourt of Appeals for the Ninth Circuit · 2017
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