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