Legal Opinion

United States v. Melvin Martinez-Lopez

Court of Appeals for the Ninth Circuit

Decided July 28, 2017No. 14-50014PublishedCited by 73 opinions

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

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. United States v. DixonSupreme Court of the United States · 1993
  3. United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
  4. United States v. CornerCourt of Appeals for the Seventh Circuit · 2010
  5. People v. MasonCalifornia Supreme Court · 1991

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3Cited by73 opinions

  1. Michael Allen v. Richard IvesCourt of Appeals for the Ninth Circuit · 2020
  2. United States v. Jesus BarraganCourt of Appeals for the Ninth Circuit · 2017
  3. Quawntay Adams v. United StatesCourt of Appeals for the Seventh Circuit · 2018
  4. United States v. Bryshun FurlowCourt of Appeals for the Fourth Circuit · 2019
  5. United States v. Luis Ocampo-EstradaCourt of Appeals for the Ninth Circuit · 2017

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