United States v. Ardon Chinchilla
| Docket Number | 19-10987 |
| Decision Date | 11 February 2021 |
Defendant was charged in a two-count superseding indictment with violating 18 U.S.C 1546(a) by allegedly using a fraudulent order of supervision to obtain a driver's license from the Florida Department of Highway Safety and Motor Vehicles (Florida DHSMV). Defendant moved to dismiss the superseding indictment for failing to state an offense under section 1546(a), arguing that the term "authorized stay" means "lawful presence" in the United States and that no federal statute or regulation expressly identifies an order of supervision as "evidence of authorized stay in the United States." The district court dismissed the superseding indictment after concluding that an order of supervision does not qualify as a document "prescribed by statute or...
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17 cases
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United States v. Pate
...language "be given its plain and ordinary meaning unless the statutory text or context requires otherwise." United States v. Chinchilla , 987 F.3d 1303, 1313 (11th Cir. 2021). As such, we begin with the applicable statutory text. Section 1521, the primary statute under review, provides:Whoe......
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Ga. Ass'n of Latino Elected Officials, Inc. v. Gwinnett Cnty. Bd. of Registration & Elections
...the ways to figure out that meaning is by looking at dictionaries in existence around the time of enactment.’ " United States v. Chinchilla , 987 F.3d 1303, 1308 (11th Cir. 2021) (quoting EEOC v. Catastrophe Mgmt. Sols. , 852 F.3d 1018, 1026 (11th Cir. 2016) ). Moreover, "[i]n ascertaining ......
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State v. United States
...an alien in its custody within ninety days from the issuance of a final removal order." (emphasis added)); United States v. Chinchilla , 987 F.3d 1303, 1309 (11th Cir. 2021) ("Generally, an alien must be physically removed from the United States within ninety days of a final removal order."......
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United States v. Pugh
...around the time of enactment"—around 1968—to interpret the "plain and ordinary meaning" of these words. United States v. Chinchilla, 987 F.3d 1303, 1308 (11th Cir. 2021) (quoting EEOC v. Catastrophe Mgmt. Sols., 852 F.3d 1018, 1026 (11th Cir. 2016)). It is hard to see how either "obstruct" ......
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1 books & journal articles
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Criminal Law
...18 U.S.C. § 2252(b)(1) (2012).55. 5 F.4th 1295 (11th Cir. 2021).56. Id. at 1304, 1306, 1309.57. 18 U.S.C. § 1546(a) (2002).58. Id.59. 987 F.3d 1303 (11th Cir. 2021).60. 987 F.3d 1315 (11th Cir. 2021).61. Chinchilla, 987 F.3d at 1305, 1309; Maradiaga, 987 F.3d at 1319. 62. Chinchilla, 987 F.......