# David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.

> Court of Appeals for the Third Circuit · February 8, 2002 · 280 F.3d 297

URL: https://www.frixlaw.com/law-library/cases/9494762

## Case

- **Full name:** David GERBIER, Appellant v. M. Francis HOLMES, Acting District Director, U.S. Immigration and Naturalization Service; John Ashcroft, U.S. Attorney General
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** February 8, 2002
- **Citations:** 280 F.3d 297; 2002 U.S. App. LEXIS 2232; 2002 WL 206155
- **Precedential status:** Published
- **Opinion:** Dissent by Reavley
- **Judges:** Becker, Nygaard, Reavley
- **Cited by:** 175 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9494762

## How later opinions describe it (automated extraction)

- observing that “ ‘trafficking’ is not an essential element of all state drug convictions in order for those convictions to constitute an aggravated felony under § 1101(a)(43)”
- noting that under the “illicit trafficking route” the state offense “must be a felony under the law of the convicting sovereign” and “must contain a trafficking element”

## Opinion text

REAVLEY, Circuit Judge,
dissenting.
I diverge from the majority on the construction of the definition of a “drug trafficking crime” in 18 U.S.C. § 924 (c). The words themselves seem to me to point to any state felony that would be conduct punishable under federal law, rather than necessarily to a crime that would be punishable as a felony under federal law. I might join Chief Judge Becker’s masterful opinion, however, if we were surveying a new route; but too many circuit courts have chosen the other way and I would follow them in the interest of consistency and uniformity of federal law.
I would affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9494762. Public record. Not legal advice.