Whether a presentence investigation report (PSR) may be consulted under the Taylor-Shepard modified categorical approach to determine facts (such as the amount of loss) about a prior conviction.

1. Arguelles-Olivares v. Mukasey526 F3D 171

   Fifth Circuit Court of Appeals · April 22, 2008

   “In so doing, the majority creates a circuit split from the four circuits unanimously holding such use of PSRs is improper under the Taylor-Shepard modified categorical approach; and it disregards the numerous decisions of our own prior panels consistently applying the Taylor-Shepard methodology in sentencing cases.” — Creates a split

   “In so doing, the majority creates a circuit split from the four circuits unanimously holding such use of PSRs is improper under the Taylor-Shepard modified categorical approach; and it disregards the numerous decisions of our own prior panels consistently applying the Taylor-Shepard methodology in sentencing cases.” — Acknowledges a circuit split

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Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. See all circuit splits.