United States v. Dawson
Docket Number | 20-3338 |
Decision Date | 28 April 2022 |
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7 cases
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United States v. Womack
... ... We disagree. "We use the categorical approach to determine if a past conviction is a career offender predicate, considering only the elements of the conviction statute, not the facts of the defendant's actual misconduct." United States v. Dawson , 32 F.4th 254, 260 (3d Cir. 2022). "We compare the elements of that statute with the relevant Guidelines provision here, 4B1.2(b)'s definition of a controlled substance offense. " Id. (citing United States v. Williams , 898 F.3d 323, 334 (3d Cir. 2018) ). "If the statute proscribes a ... ...
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United States v. Garcia-Vasquez
... ... 2022) (excluding conspiracies from "crime[s] of violence"); Nasir, 17 F.4th at 468-72 (excluding attempts from "controlled substance offense[s]").3. Garcia-Vasquez's responses fail. Taken to its logical conclusion, Garcia-Vasquez's argument would lead to a "bizarre result." United States v. Dawson, 32 F.4th 254, 265 (3d Cir. 2022). It would limit drug-trafficking offenses to those that require "trading in or dealing" drugs. Appellant's Br. 25. That reading would exclude manufacturing drugs or possessing them with intent to distribute them. Yet "the paradigmatic" federal drug-trafficking ... ...
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Holland v. N'Diaye
... KEVIN HOLLAND, Petitioner v. LAMINE N'DIAYE, Respondent Civil Action No. 21-14155 (RMB)United" States District Court, D. New Jersey, Camden VicinageFebruary 16, 2023 ... \xC2" ... Nasir claim meritless. See United States v ... Dawson, 32 F.4th 254, 259-60 (3d Cir. 2022) ... (“Nasir does not control here because it ... ...
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United States v. Williams
... ... ignore the defendant's actual conduct and instead ... "compare the elements of [the state] statute with the ... relevant Guidelines provision-here, § 4B1.2(b)'s ... definition of a 'controlled substance offense.'" ... United States v. Dawson, 32 F.4th 254, 260 (3d Cir ... 2022). "If the statute proscribes a broader range of ... conduct than the Guideline, then a conviction for the state ... offense will not count as a controlled substance ... offense." Id ... Williams ... ...
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