HEYDT-BENJAMIN

v.

HEYDT-BENJAMIN

Citator

Cited By

• Beckles v. United States, 137 S. Ct. 886 (U.S. 2017)
  …ction is not a crime of violence. Another may rely on gut instinct to conclude that it is. Still a third may "throw [our] opinions into the air in frustration, and give free rein to [her] own feelings" in making the decision. Derby v. United States, 564 U.S. 1047, 1049, 131 S.Ct. 2858, 180 L.Ed.2d 904 (2011) (Scalia, J., dissenting from denial of certiorari). Importantly, that decision is the end of the ballgame for a criminal defendant. Although he may ask the judge to vary downward from the Guidelines ra…
• In re Clayton, 829 F.3d 1254 (11th Cir. 2016)
  …he worried that, in the end, judges will have little choice but to “simply throw the opinions into the air in frustration, and give free rein to their own feelings as to what offenses should be considered crimes of violence.” Derby v. United States, 564 U.S. 1047, 131 S.Ct. 2858, 2859, 180 L.Ed.2d 904 (2011) (Scalia, J., dissenting from denial of certiorari). Of course we expect that judges will not act so ignobly. But “the due process protection against vague regulations does not leave the public at the m…
• United States v. Matchett, 837 F.3d 1118 (11th Cir. 2016)
  …he worried that, in the end, judges will have little choice but to “simply throw the opinions into the air in frustration, and give free rein to their own feelings as to what offenses should be considered crimes of violence.” Derby v. United States, 564 U.S. 1047,131 S.Ct. 2858, 2859,180 L.Ed.2d 904 (2011) (Scalia, J., dissenting from denial of certiorari). Of course we expect that judges will not act so ignobly. But “the due process protection against vague regulations does not leave the public at the mer…