Case Citator › United States v. Hinojosa-Lopez

United States v. Hinojosa-Lopez

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fifth Circuit
Citation
130 F.3d 691
Decided
Confirmed treatments
1
Flagged citations read
90 of 90
Citing cases (total)
241
Treatment dates
2006
Overruled in part
A reviewed court has overruled part of this case’s holding. United States v. Hinojosa-Lopez has been overruled in part: all 90 flagged citations have been read, and the confirmed treatment is listed below. Lopez v. Gonzales rejected Hinojosa-Lopez's holding that a state-law felony qualifies as an aggravated felony when the same conduct is punishable only as a misdemeanor under the federal Controlled Substances Act.
More on how this was screened

Lopez did not disturb Hinojosa-Lopez's separate holding that a sufficiently specific indictment, reinforced by the defendant's admissions, supplied an adequate factual basis for a guilty plea. The reviewed citing opinions applied Hinojosa-Lopez while it remained controlling, rejected arguments that earlier authority had displaced it, applied its surviving guilty-plea holding, or reported Lopez's later act.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

241 later cases cite United States v. Hinojosa-Lopez; 90 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • The Supreme Court rejected Hinojosa-Lopez's holding that a state felony punishable only as a federal misdemeanor qualifies as an aggravated felony, holding that the state offense must proscribe conduct punishable as a felony under federal law.

    Lopez v. Gonzales · Supreme Court of the United States · filed

    In sum, we hold that a state offense constitutes a “felony punishable under the Controlled Substances Act” only if it proscribes conduct punishable as a felony under that federal law. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion. ... Compare United States v. Wilson, 316 F. 3d 506 (CA4 2003) (state-law felony is an aggravated felony); United States v. Simon, 168 F. 3d 1271 (CA11 1999) (same); United States v. Hinojosa-Lopez, 130 F. 3d 691 (CA5 1997) (same); United States v. Briones-Mata, 116 F. 3d 308 (CA8 1997) (per curiam) (same); United States v. Cabrera-Sosa, 81 F. 3d 998 (CA10 1996) (same); United States v. Restrepo-Aguilar, 74 F. 3d 361 (CA1 1996) (same), with Gonzales-Gomez v. Achim, 441 F. 3d 532 (CA7 2006) (state-law felony is not an aggravated felony); United States v. Palacios-Suarez, 418 F. 3d 692 (CA6 2005) (same); Gerbier v. Holmes, 280 F. 3d 297 (CA3 2002) (same).
    Read the full opinion on CourtListener →

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