green
Positive treatment
Quoted verbatim 1×
6.6 score
“residential burglaries are treated as crimes of violence because ... the sentencing commission recognized the danger inherent in a residential burglary”
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Robert Wayne Nelson
residential burglaries are treated as crimes of violence because ... the sentencing commission recognized the danger inherent in a residential burglary
cited
Cited "see"
United States v. Douglas Ehrlich, Dean Lafromboise, and Michael Cozzens
See U.S. v. McDougherty, 920 F.2d 569, 572 (9th Cir.1990), cert. denied, 499 U.S. 911 (1991).
discussed
Cited "see"
United States v. Patrick Baucum
See United States v. McDougherty, 920 F.2d 569, 572 (9th Cir.1990), cert. denied, 499 U.S. 911 , 111 S.Ct. 1119 , 113 L.Ed.2d 227 (1991) (rejecting commerce clause challenge to statute enhancing penalty for drug sales within 1,000 feet of a school); United States v. Thornton, 901 F.2d 738, 741 (9th Cir.1990) (same). 2 .
discussed
Cited "see"
United States v. Gonzalez
See United States v. McDougherty, 920 F.2d 569, 572 (9th Cir.1990) (“It would be highly illogical to believe that such trafficking somehow ceases to affect commerce when carried out within 1000 feet of a school.”), cert. denied, 499 U.S. 911 , 111 S.Ct. 1119 , 118 L.Ed.2d 227 (1991); United States v. Thornton, 901 F.2d 738, 741 (9th Cir.1990) (“Congress has stated and we have confirmed that drug trafficking is a national concern which affects interstate commerce.
cited
Cited "see"
United States v. Bobby Ray Ruffin
See United States v. Broxton, 926 F.2d 1180, 1183 (D.C.Cir.), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 226 (1991).
cited
Cited "see"
United States v. Ronald Olen Burrows
See United States v. McDougherty, 920 F.2d 569, 574 (9th Cir.1990), ce rt. denied, 499 U.S. 911 , 111 S.Ct. 1119 , 113 L.Ed.2d 227 (1991).
discussed
Cited "see"
Frankie L. Dennis v. Bill Gotcher
See United States v. McDoughtery, 920 F.2d 569, 575 (9th Cir.1990) (due process not violated when prior convictions are alleged in presentence report and proven by a preponderance of evidence), cert. denied, 499 U.S. 911 (1991); United States v. Dunn, 946 F.2d 615, 619 (9th Cir.) (prior convictions used for sentence enhancement purposes need not be charged in the indictment), cert. denied, 112 S.Ct. 401 (1991). 11 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed
Cited "see"
United States v. Ray Harold Edwards, III
See United States v. McDougherty, 920 F.2d 569, 572 (9th Cir.1990) (penalizing an individual for possession of narcotics within 1000 feet of a school represents an appropriate means of “punish[ing] some behavior affecting commerce more harshly than other behavior, based .upon its detriment to society”), cert. denied, 499 U.S. 911 , 111 S.Ct. 1119 , 113 L.Ed.2d 227 (1991).
discussed
Cited "see"
United States v. Eddie David Lujan
See United States v. Becker, 919 F.2d 568 , 571 n. 5 (9th Cir.1990) (element of unlawful entry has been read into California first degree burglary statute), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 118 L.Ed.2d 226 (1991).
discussed
Cited "see, e.g."
Connell v. State
However, assuming that the pretrial identification procedures were in fact impermissibly suggestive, ‘when an in-court identification of the accused is shown to have a basis independent of any pre-trial identification, then it is properly admitted into evidence.’ Mullis v. State, 545 So.2d 205, 209 (Ala.Cr.App.1989); see also Coleman v. State, 487 So.2d 1380 (Ala.Cr.App.1986), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 227 (1991); Jackson v. State, 414 So.2d 1014 (Ala.Cr.App.1982); Matthews v. State, 401 So.2d 241 (Ala.Cr.App.1981), cert. denied, 401 So.2d 248 (Ala.1981).
discussed
Cited "see, e.g."
United States v. Rayfield
(2×)
This Court has unequivocally held that “drug trafficking is an ‘economic enterprise’ that substantially affects interstate commerce in numerous clear ways” and is an “activity that the federal government clearly may regulate.” United States v. Tucker, 90 F.3d 1135, 1140-41 (6th Cir. 1996); see also United States v. McDougherty, 920 F.2d 569 (9th Cir.1990), cert. denied, 499 U.S. 911 (1991) (stating that Congress has already Page 11 of 22 determined, and the courts have accepted as rational, that drug trafficking affects interstate commerce).
discussed
Cited "see, e.g."
Ex Parte Windsor
However, assuming that the pretrial identification procedures were in fact impermissibly suggestive, '[w]hen an in-court identification of the accused is shown to have a basis independent of any pre-trial identification, then it is properly admitted into evidence.' Mullis v. State , 545 So.2d 205 , 209 (Ala.Cr.App. 1989); see also Coleman v. State , 487 So.2d 1380 (Ala.Cr.App. 1986), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 227 (1991); Jackson v. State , 414 So.2d 1014 (Ala.Cr.App. 1982); Matthews v. State , 401 So.2d 241 (Ala.Cr.App. 1981), cert. denied, 401 So.2d 248 (Ala. 1…
discussed
Cited "see, e.g."
United States v. Zorrilla
See, e.g., United States v. Tucker, 90 F.3d 1135, 1138-41 (6th Cir.1996) [ 1996 WL 413411 , at *1-4]; United States v. Rogers, 89 F.3d 1326, 1337-38 (7th Cir.1996); United States v. Clark, 67 F.3d 1154, 1165-66 (5th Cir.1995), cert. denied, — U.S.-, 116 S.Ct. 1432 , 134 L.Ed.2d 554 (1996); United States v. Garcia-Salazar, 891 F.Supp. 568, 569-72 (D.Kan.1995); see also United States v. McDougherty, 920 F.2d 569, 572 (9th Cir.1990) (scuttling pre-Lopez Commerce Clause challenge to earlier version of § 860(a)), cert. denied, 499 U.S. 911 , 111 S.Ct. 1119 , 113 L.Ed.2d 227 (1991).
discussed
Cited "see, e.g."
United States v. Zorrilla
Kan. 1995); see also United States v. McDougherty, 920 ___ ____ _____________ ___________ F.2d 569, 572 (9th Cir. 1990) (scuttling pre-Lopez Commerce _____ Clause challenge to earlier version of 860(a)), cert. denied, _____ ______ 499 U.S. 911 (1991).
discussed
Cited "see, e.g."
Dick v. State
However, assuming that the pretrial identification procedures were in fact impermissibly suggestive, 'when an in-court identification of the accused is shown to have a basis independent of any pretrial identification, then it is properly admitted into evidence.' Mullis v. State , 545 So.2d 205 , 209 (Ala.Cr.App. 1989); see also Coleman v. State , 487 So.2d 1380 (Ala.Cr.App. 1986), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 227 (1991); Jackson v. State , 414 So.2d 1014 (Ala.Cr.App. 1982); Matthews v. State , 401 So.2d 241 (Ala.Cr.App. 1981), cert. denied, 401 So.2d 248 (Ala. 1981…
discussed
Cited "see, e.g."
Dick v. State
However, assuming that the pretrial identification procedures were in fact impermissibly suggestive, ‘when an in-court identification of the accused is shown to have a basis independent of any pretrial identification, then it is properly admitted into evidence.’ Mullis v. State, 545 So.2d 205, 209 (Ala.Cr.App.1989); see also Coleman v. State, 487 So.2d 1380 (Ala.Cr.App.1986), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 227 (1991); Jackson v. State, 414 So.2d 1014 (Ala.Cr.App.1982); Matthews v. State, 401 So.2d 241 (Ala.Cr.
discussed
Cited "see, e.g."
Jackson v. State
This court has said that " '[w]hen an in-court identification of the accused is shown to have a basis independent of any pre-trial identification, then it is properly admitted into evidence.' Mullis v. State , 545 So.2d 205 , 209 (Ala.Cr.App. 1989); see also Coleman v. State , 487 So.2d 1380 (Ala.Cr.App. 1986), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 227 (1991); Jackson v. State , 414 So.2d 1014 (Ala.Cr.App. 1982); Matthews v. State , 401 So.2d 241 (Ala.Cr.App. 1981), cert. denied, 401 So.2d 248 (Ala. 1981).
discussed
Cited "see, e.g."
United States v. Glover
See 21 U.S.C. § 860 ; see, e.g., United States v. McDougherty, 920 F.2d 569, 572 (9th Cir. 1990), cert. denied, 499 U.S. 911 , 111 S.Ct. 1119 , 113 L.Ed.2d 227 (1991) (“Congress has already determined, and the courts have accepted as rational, that drug trafficking affects interstate commerce.
discussed
Cited "see, e.g."
Jackson v. State
However, assuming that the pretrial identification procedures were in *1356 fact impermissibly suggestive, `[w]hen an in-court identification of the accused is shown to have a basis independent of any pre-trial identification, then it is properly admitted into evidence.' Mullis v. State, 545 So.2d 205, 209 (Ala.Cr.App.1989); see also Coleman v. State, 487 So.2d 1380 (Ala. Cr.App.1986), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 227 (1991); Jackson v. State, 414 So.2d 1014 (Ala.Cr.
discussed
Cited "see, e.g."
Jenkins v. State
However, assuming that the pretrial identification procedures were in fact impermissibly suggestive, "[w]hen an in-court identification of the accused is shown to have a basis independent of any pre-trial identification, then it is properly admitted into evidence." Mullis v. State , 545 So.2d 205 , 209 (Ala.Cr.App. 1989); see also Coleman v. State , 487 So.2d 1380 (Ala.Cr.App. 1986), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 227 (1991); Jackson v. State , 414 So.2d 1014 (Ala.Cr.App. 1982); Matthews v. State , 401 So.2d 241 (Ala.Cr.App. 1981), cert. denied, 401 So.2d 248 (Ala. 1…
Retrieving the full opinion text from the archive…
Becker
v.
United States
v.
United States
No. 90-6921.
Supreme Court of the United States.
Mar 4, 1991.
499 U.S. 911
Published
Citer courts: Ninth Circuit (1)
C. A. 9th Cir. Certiorari denied.