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Constitutional Law,
U.S. Supreme Court

Jun. 17, 2016

Which one of these things is not like the others?

In both state and federal courts, lawyers call upon the United States and California Supreme Courts to decide whether a prior conviction for one crime is like the types of crimes listed in whatever sentencing scheme the court is trying to apply.

2nd Appellate District, Division 2

Brian M. Hoffstadt

Associate Justice
California Court of Appeal

UCLA School of Law, 1995

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On Sesame Street, Big Bird calls upon toddlers to compare various items to decide "which one of these things is not like the others." On First Street (in Washington, D.C.) and McAllister Street (in San Francisco), lawyers call upon the United States and California Supreme Courts to decide whether a prior conviction for one crime is like the types of crimes listed in whatever sentencing scheme the court is trying to apply.

The federal Armed Career Criminal Act mandates the imposition ...

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