Opinion

Nugent v. Atty Gen USA

  • 367 F.3d 162
  • 2004 WL 991725
Court
Court of Appeals for the Third Circuit
Filed
May 7, 2004
Status
Published
Author
Rendell
On the bench
Sloviter, Rendell, Aldisert
Cited by
1 cases

The opinion

RENDELL, Circuit Judge—

Concurring.

I am pleased to join in the majority’s scholarly opinion. As amply demonstrated by the majority’s historical exegesis, theft by deception is a hybrid crime that is both a theft offense, 8 U.S.C. § 1101 (a)(43)(G), and an offense involving fraud or deceit, 8 U.S.C. § 1101 (a)(43)(M)(i). Therefore, in order to qualify as an aggravated felony, it must be shown that Nugent’s conviction for theft by deception qualifies under the statutory definitions for both theft offenses and fraud/deceit offenses. I think this is necessary to carry out Congress’s intention. Nugent’s conviction was for an offense that involved deceit resulting in a loss of less than the $10,000 minimum set forth in (M)(i). However, while I applaud Judge Aldisert’s logical tour de force in *180 devising a way to reason to this conclusion under the statute, I write separately to stress that this logic should not compel that we combine definitions within this section, as a general rule. Rather, only where an offense is a hybrid — as I submit theft by deception is — and the aggravated felony classifications contain two distinct, clearly applicable tests, should we conclude that both must be fulfilled in order for the offense to qualify as an aggravated felony.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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