Case Citator › United States v. Grisel

United States v. Grisel

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

Overruled in part
Court
Ninth Circuit
Citation
488 F.3d 844
Decided
Confirmed treatments
2
Flagged citations read
68 of 68
Citing cases (total)
68
Treatment dates
2019–2020
Overruled in part
A reviewed court has overruled part of this case’s holding. United States v. Grisel was overruled in part: all 68 flagged citations have been read, with two confirmed treatments listed below. The Ninth Circuit held that a later Supreme Court decision displaced Grisel's requirement that a generic burglary structure be intended for use in one place.
More on how this was screened

It also confined Grisel's rule about statutes that expressly cover nongeneric conduct when that conduct is logically impossible.

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.

68 later cases cite United States v. Grisel; 68 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. Grisel?

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

Overruled in part

  • The Ninth Circuit held that Stitt displaced Grisel's requirement that a generic burglary structure be intended for use in one place, expressly overruling that aspect of its circuit law.

    Mutee v. United States · Ninth Circuit · filed

    To the extent that our court’s en banc decision in Grisel supported Mutee’s position, that precedent has been abrogated by Stitt. We held in Grisel that a “building or structure” for purposes of generic burglary must be “intended for use in one place.” Grisel, 488 F.3d at 848. We subsequently interpreted Grisel to hold that generic burglary requires burglary of an “unmovable structure.” United States v. Terrell, 593 F.3d 1084, 1093 (9th Cir. 2010). That aspect of our prior circuit law is clearly irreconcilable with Stitt, and is therefore overruled.
    Read the full opinion on CourtListener →

Limited

  • The Ninth Circuit confined Grisel's rule that express statutory breadth establishes nongeneric coverage to conduct that is logically possible.

    United States v. Rodriguez-Gamboa · Ninth Circuit · filed

    Grisel thus simply stands for the proposition that “[a]s long as the application of the statute’s express text in the nongeneric manner is not a logical impossibility, the relative likelihood of application to nongeneric conduct is immaterial.”
    Read the full opinion on CourtListener →

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