Legal Opinion
United States v. Winston C. Graham A/K/A Vincent Graham, A/K/A Michael Diamond A/K/A Tyrone L. Simmons, Winston C. Graham
Court of Appeals for the Third Circuit
Decided March 5, 1999No. 98-1556PublishedCited by 100 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Chief Judge.
This case requires us to determine whether a misdemeanor can be an “aggravated felony” under a provision of federal law even if it is not, technically speaking, a felony at all. The particular question before us is whether petit larceny, a class A misdemeanor under New York law that carries a maximum sentence of one year, can subject a federal defendant to the extreme sanctions imposed by the “aggravated felon” classification. Despite our misgivings that, in pursuit of a clearly defined legislative goal (to severely punish unlawful reentry into this…
2Cases cited22 opinions
- Muscarello v. United StatesSupreme Court of the United States · 1998
- Ladner v. United StatesSupreme Court of the United States · 1958
- Haring v. ProsiseSupreme Court of the United States · 1983
- Green v. United StatesSupreme Court of the United States · 1958
- Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
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3Cited by100 opinions
- United States v. Isidro Moreno-HernandezCourt of Appeals for the Ninth Circuit · 2005
- David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.Court of Appeals for the Third Circuit · 2002
- Khaimraj Singh v. John Ashcroft, Attorney General of the United States of AmericaCourt of Appeals for the Third Circuit · 2004
- Trevor Drakes v. Charles W. Zimski, Acting Director of Immigration and Naturalization Service Janet Reno, Attorney GeneralCourt of Appeals for the Third Circuit · 2001
- United States v. Jesus Martin Caicedo-CueroCourt of Appeals for the Fifth Circuit · 2002
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