Legal Opinion
United States v. Aguila-Montes De Oca
Court of Appeals for the Ninth Circuit
Decided August 11, 2011No. 05-50170PublishedCited by 154 opinions
1Opinion of the Court
PER CURIAM Opinion; Opinion by Judge BYBEE; Concurrence by Judge BERZON; Partial Concurrence and Partial Dissent by Judge RAWLINSON.
OPINION
2Per curiam
A majority of the en banc court (Judge Bybee, joined by Judges Rymer, Silver-man, Gould, Rawlinson and Callahan) overrules our prior holding in Navarro-Lopez v. Gonzales, 503 F.3d 1063, 1073 (9th Cir. 2007) (en banc), that the modified categori*917cal approach doesn’t apply “[w]hen the crime of conviction is missing an element of the generic crime altogether.”
A different majority (Judge Bybee, joined by Chief Judge Kozinski and Judges Rymer, W. Fletcher,…
3Cases cited74 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Johnson v. United StatesSupreme Court of the United States · 2010
- Begay v. United StatesSupreme Court of the United States · 2008
69 more not listed; retrieve them via the Exa API.
4Cited by154 opinions
- Descamps v. United StatesSupreme Court of the United States · 2013
- Carlos Rendon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014
- Irma Ovalles v. United StatesCourt of Appeals for the Eleventh Circuit · 2018
- United States v. Timothy Wolf ChildCourt of Appeals for the Ninth Circuit · 2012
- United States v. Mirna GomezCourt of Appeals for the Fourth Circuit · 2012
149 more not listed; retrieve them via the Exa API.