Can a criminal conviction under the criminal code be considered a qualifying predicate in a sexual assault case?

MultiRegion, United States of America

The following excerpt is from United States v. Bankston, 901 F.3d 1100 (9th Cir. 2018):

covers"a conviction under that law cannot categorically count as a qualifying predicate even if the defendant actually committed the offense in its generic form." United States v. Brown , 879 F.3d 1043, 1047 (9th Cir. 2018) (internal quotation marks and brackets omitted).2

Other Questions


Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
In a sexual assault case, how have the jury instructions been interpreted in the context of sexual assault cases? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for setting aside a conviction for sexual assault in a sexual assault case? (MultiRegion, United States of America)
Is there sufficient evidence to convict an individual who was convicted of sexual assault in a federal criminal case? (MultiRegion, United States of America)
How have the Courts in Nova Scotia dealt with allegations of sexual assault, sexual assault and sexual assault against a group of alleged victims? ("New York", United States of America)
Is there any case law where a defendant has been convicted on appeal against his conviction for sexual assault? (MultiRegion, United States of America)
What factors must a court consider in determining the appropriate sentence for a man convicted of a sexual assault under section 3553(a)(2) of the Criminal Code? (MultiRegion, United States of America)
How has the federal district court applied the guidelines on sexual assault in the context of the sexual assault case? (MultiRegion, United States of America)
What are the implications of errors made in a motion to vacate a conviction for sexual assault against a man who was found guilty of sexual assault? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.