Case Citator › United States v. Caicedo-Cuero

United States v. Caicedo-Cuero

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

Abrogated
Court
Fifth Circuit
Citation
312 F.3d 697
Decided
Confirmed treatments
1
Flagged citations read
49 of 49
Citing cases (total)
49
Treatment dates
2006
Abrogated
A reviewed court treats this case as abrogated by later authority. Abrogated in part: Lopez v. Gonzales rejected United States v. Caicedo-Cuero's rule that state felony simple possession is an aggravated felony when federal law treats the conduct as a misdemeanor. The Fifth Circuit applied Lopez to the same illegal reentry sentencing enhancement in United States v. Estrada-Mendoza.
More on how this was screened

All 49 flagged citations have been read; each predates Lopez and applied Caicedo-Cuero. The confirmed treatment is listed below.

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.

49 later cases cite United States v. Caicedo-Cuero; 49 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.

Relying on United States v. Caicedo-Cuero?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court held that a state felony drug offense is not an aggravated felony when the conduct would be only a misdemeanor under the federal Controlled Substances Act, ending Caicedo-Cuero's contrary sentencing rule.

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

    The question raised is whether conduct made a felony under state law but a misdemeanor under the Controlled Substances Act is a “felony punishable under the Controlled Substances Act.” 18 U. S. C. § 924(c)(2). We hold it is not.
    Read the full opinion on CourtListener →

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