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US Supreme Court rules against Mexico citizen contesting indictment

JURIST

The US Supreme Court ruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In 1998, an immigration judge found that Palomar-Santiago had committed an aggravated felony under the federal immigration laws when he was convicted for driving under the influence.

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US Supreme Court rules First Amendment retaliatory arrest claims permissible despite probable cause

JURIST

After two heated council meetings, it was alleged that Gonzales had placed the petition—with over 300 signatures—in her binder, violating a Texas anti-tampering statute. Despite her investigation turning up 215 felony charges, these charges dealt with the tampering of driver’s licenses or social security cards, not government petitions.

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Court limits definition of “violent felony” in federal gun-possession penalty

SCOTUSBlog

Share A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. The Supreme Court reversed that decision on Thursday. The case, Borden v.

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Court rejects non-citizen’s challenge to criminal re-entry charge

SCOTUSBlog

Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. But six years after his deportation, the Supreme Court ruled in Leocal v. The direct implications of the court’s ruling are likely quite narrow.

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No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. The case came to the court after Charles Borden Jr.

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Scolding the Legislature for lack of clarity, Supreme Court rules statute can retroactively reduce probation without negating plea deal

At the Lectern

Addressing whether a Stamps -like remand is appropriate, the court today finds ambiguity in determining whether the Legislature in the probation statute amendment “intend[ed] to exercise its own authority to change the terms of an existing plea bargain to reduce the length of an agreed-upon term of probation.” In People v.

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What constitutes “identity theft”?

SCOTUSBlog

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Issue : Whether the Sixth and 14th Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony. United States. Think McDonnell v. 14 conferences). Khorrami v.

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