Carachuri-Rosendo v. Holder, 09-60.

Decision Date31 March 2010
Docket NumberNo. 09-60.,09-60.
CitationCarachuri-Rosendo v. Holder, 130 S. Ct. 2577, 177 L.Ed.2d 68 (2010)
PartiesJose Angel CARACHURI-ROSENDO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General.
CourtU.S. Supreme Court

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Sri Srinivasan, Washington, DC, for petitioner.

Nicole A. Saharsky, Washington, DC, for respondent.

Geoffrey A. Hoffman, University of Houston, Law Center, Houston, TX, Sri Srinivasan, Counsel of Record, Irving L. Gornstein, Loren L. Alikhan, O'Melveny & Myers LLP, Washington, DImmigration and Nationality Act, Washington, DC, for petitioner.

Elena Kagan, Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Edwin S. Kneedler, Michael R. Dreeben, Deputy Solicitors General, Nicole A. Saharsky, Assistant to the Solicitor General, Donald E. Keener, W. Manning Evans, Saul Greenstein, Andrew MacLachlan, Holly M. Smith, Washington, DC, for respondent.

Justice STEVENSdelivered the opinion of the Court.

PetitionerJose Angel Carachuri-Rosendo, a lawful permanent resident who has lived in the United States since he was five years old, faced deportation under federal law after he committed two misdemeanor drug possession offenses in Texas.For the first, possession of less than two ounces of marijuana, he received 20 days in jail.For the second, possession without a prescription of one tablet of a common antianxiety medication, he received 10 days in jail....

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140 cases
  • Carachuri-Rosendo v. Holder
    • United States
    • U.S. Supreme Court
    • 14 Junio 2010
  • Johnson v. United States, Cr. No. 1:11-2132-MBS
    • United States
    • U.S. District Court — District of South Carolina
    • 23 Julio 2015
    ...21 U.S.C. § 841(b)(1)(A). Specifically, Movant argues that (1) her prior state conviction was not a felony pursuant to Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010), and United States v. Simmons, 649 F.3d 237 (4th Cir. 2011); and (2) pursuant to Alleyne v. United States, 133 S. Ct. 21......
  • Taylor v. Edenfield, Civil Action No. 6: 13-202-DCR
    • United States
    • U.S. District Court — Eastern District of Kentucky
    • 19 Febrero 2014
    ...career offender under 21 U.S.C. § 841. More specifically, he contends that, in light of the Supreme Court's decision in Carachuri-Rosendo v. Holder, 560 U.S. 563 (2010), and the Fourth Circuit's application of Carachuri-Rosendo to North Carolina's structured sentencing scheme in Simmons and......
  • Montes v. Benov, 1:11-CV-00963 LJO GSA HC
    • United States
    • U.S. District Court — Eastern District of California
    • 22 Junio 2011
    ...sentence enhancement was wrongfully imposed by the sentencing court pursuant to the Supreme Court decision in Carachuri-Rosendo v. Holder, ___ U.S. ___, 130 S.Ct. 2577 (2010). Petitioner states he has already appealed his conviction and filed a motion to vacate his sentence pursuant to 28 U......
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