Frascarelli v. United States Parole Commission (2017)
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· 12 citation events
across 3 courts.
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Martinez v. Rosalez (2024)
Upon transfer, the United States Parole Commission is “tasked with converting a Mexican conviction . . . into a parallel conviction under the laws of the United States.” Frascarelli v. U.S. Parole Comm’n, 857 F.3d 701, 705 (5th Cir. 2017).
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United States v. Wilson (2026)
Instead, he seizes on a single sentence in the PSR: “When determining the applicable guideline for the cross reference, the details of D.J.’s murder indicates a ‘crime of passion’ in which the defendant acted against D.J. because of a sudden strong impulse such as anger with minimal planning and within a short period of time.” Wilson highlights the phrases “crime of passion” and “sudden strong impulse,” noting their similarity to the statutory language “heat of passion” and …
finding malice, in part, because the defendant walked down and up a flight of stairs to obtain a hammer, which showed “that the heat of passion had time to ‘cool’”
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Don Del Real Herrera v. the State of Texas (2023)
Relying heavily upon Frascarelli v. United States Parole Comm’n, 857 F.3d 701, 707 (5th Cir. 2017), Appellant contends that the government typically “bears ‘the burden of proving absence of heat of passion beyond a reasonable doubt.’” See Frascarelli, 857 F.3d at 707 (quoting United States v. Delaney, 717 F.3d 553, 559 (7th Cir. 2013)).
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Janis v. United States (2022)
See Frascarelli v. United States Parole Comm’n, 857 F.3d 701, 706 (8th Cir. 2017), cert. denied, 138 S.Ct. 341 (2017) (explaining within context of 18 U.S.C. § 1111 (a) that “malice” involves “the existence of a depraved heart, another term of art that refers to a level of extreme recklessness and wanton disregard for human life.”) (internal quotation marks omitted).