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64a context, and history of § 3283 show that Congress intended courts to apply the statute using a case- specific approach. The Third Circuit reached the same conclusion in United States v. Schneider, 801 F.3d 186, 196 (3d Cir. 2015). The Court sees no reason to depart from the reasoning in Weingarten. First, “[t]he Supreme Court's modern categorical approach jurisprudence is confined to the post-conviction contexts of criminal sentencing and immigration deportation cases.” Weingarten, 865 F.3d at 58. To the extent that the categorical approach is ever appropriate in other contexts, it is in- appropriate here. The Court begins with the statute’s text. Statutes that call for application of the categorical approach typically deal with the elements of an offense in a prior criminal conviction. Id. at 59. “The language of § 3283, by contrast, reaches beyond the offense and its legal elements to the conduct ‘involv[ed]’ in the offense. That linguistic expansion indicates Congress intended courts to look beyond the bare legal charges in deciding whether § 3283 applied.” Jd. at 59-60 (alteration in original) (quoting § 3283). Maxwell cites one case holding otherwise, but that case involved a venue statute presenting significantly different concerns. See United States v. Morgan, 393 F.3d 192, 200 (D.C. Cir. 2004). The Supreme Court has likewise held that a statute which uses the language “an offense that. . . involves fraud or deceit in which the loss to the victim or victims exceeds $10,000” is “consistent with a circumstance-specific approach.” Nijhawan v. Holder, 557 U.S. 29, 32, 38 (2009) (emphasis added). Thus, the word “involves” generally means that courts should look to the circumstances of an offense as committed in each case. This reading accords with a robust DOJ-OGR-00000127

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Filename DOJ-OGR-00000127.tif
File Size 42.9 KB
OCR Confidence 94.7%
Has Readable Text Yes
Text Length 1,813 characters
Indexed 2026-02-03 15:58:06.682487