Legal Opinion · Dissent

United States v. Jose Henriquez

Court of Appeals for the Fourth Circuit

Decided June 27, 2014No. 13-4238Published

1DissentDiana Gribbon Motz, Circuit Judge

There is much with which I agree in the fine majority opinion. I agree that “generic burglary” has been deemed a crime of violence sufficient to support an enhanced federal sentence. I agree that we employ the categorical approach to determine whether first-degree burglary in Maryland criminalizes no more than “generic burglary.” I agree that the majority correctly states the elements of “generic burglary” and correctly applies those elements to the Guidelines context. Finally, I agree that, as a federal court, we have no authority “to place a construction on a state statute different from…

2Cases cited11 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
  3. Johnson v. FankellSupreme Court of the United States · 1997
  4. Warfield v. StateCourt of Appeals of Maryland · 1989
  5. United States v. Francisco BonillaCourt of Appeals for the Fourth Circuit · 2012

6 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