What is the difference in treatment between categories 1 and 3 of the criminal code under Section 1153 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S. v. Johnson, 637 F.2d 1224 (9th Cir. 1980):
The disparity in treatment under discussion in the text existed between categories 1 and 3 when the offense happened to be one of those, such as assault resulting in serious bodily injury, which 1153 required to be defined and punished according to state law. The constitutionality of this disparity was considered by this court in United States v. Cleveland, 503 F.2d 1067 (9th Cir. 1974):
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (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)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What are the implications of section 2244 of the Criminal Code of Ontario's Criminal Code when it comes to sentencing sentences? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
