United States v. Burghardt

Docket Number18-1767
Decision Date03 October 2019

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129 cases
  • Martinez-Armestica v. United States, CIVIL NO. 18-1384 (PG)
    • United States
    • U.S. District Court — District of Puerto Rico
    • June 23, 2020
    ...[petitioner] knew that he had previously been convicted of offenses punishable by more than a year in prison." United States v. Burghardt, 939 F.3d 397, 404 (1st Cir. 2019), cert. denied, ––– U.S. ––––, 140 S.Ct. 2550, 206 L. Ed. 2d 486 (2020).What is more, the fact that he was previously c......
  • United States v. Castillo-Martinez
    • United States
    • U.S. Court of Appeals — First Circuit
    • October 27, 2021
    ...authorized" is more than one year, 18 U.S.C. § 3559(a)(5) ; see Moncrieffe, 569 U.S. at 188, 133 S.Ct. 1678.In United States v. Burghardt, 939 F.3d 397, 406-09 (1st Cir. 2019), applying the categorical approach, this court held that because the elements of selling a controlled substance und......
  • United States v. Lara
    • United States
    • U.S. Court of Appeals — First Circuit
    • August 12, 2020
    ...a case." United States v. Cotton, 535 U.S. 625, 630, 122 S.Ct. 1781, 152 L.Ed.2d 860 (2002). For that reason, in United States v. Burghardt, 939 F.3d 397 (1st Cir. 2019), we found the district court had jurisdiction to accept the defendant's plea of guilty to being a felon in possession of ......
  • United States v. Gonzalez
    • United States
    • U.S. Court of Appeals — First Circuit
    • January 31, 2020
    ...the conviction was for an offense "that prohibits or restricts conduct relating to narcotic drugs." Id.; see United States v. Burghardt, 939 F.3d 397, 406-09 (1st Cir. 2019) (holding that violation of N.H. Rev. Stat. Ann. § 318-B:2(I) is categorically a "serious drug offense" under 18 U.S.C......
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