JURIST

JUNE 12, 2021

had pleaded guilty to a felon-in-possession charge, and the government sought to apply the enhanced sentence under the ACCA. One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. The Supreme Court reversed that judgment and remanded the case.

Felony 161

Felony Mens Rea Court Rules Court 161

JURIST

JUNE 27, 2022

The US Supreme Court Monday ruled that the US government must prove beyond a reasonable doubt that a doctor knowingly prescribed opioids “in an unauthorized manner” in order to secure a conviction for the illegal distribution of controlled substances. In the case of Ruan v.

Court Rules 211

Court Rules Court Government Mens Rea 211

SCOTUSBlog

JUNE 28, 2022

In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mens rea (a guilty state of mind) for criminal offenses. Breyer’s majority opinion reaches essentially the same result, but puts a much higher burden on the government.

Mens Rea 96

Mens Rea Government Criminal Law Statute 96

FDA Law Blog

JUNE 28, 2022

21-5261, 597 U.S. _ (2022), the Supreme Court ruled that the government must prove — beyond a reasonable doubt — that a prescriber knew or intended that a prescription was not lawful in order to subject that prescriber to criminal penalties under the federal Controlled Substances Act (CSA). United States, No.

Mens Rea 98

Mens Rea Court Manufacturing Government 98

SCOTUSBlog

JUNE 24, 2021

The case came to the court after Charles Borden Jr. At sentencing, the government sought an enhancement under the ACCA; it claimed that three of Borden’s prior felony convictions were violent felonies. He asserted that one of the felonies the government cited included recklessness, and, therefore, was not a violent felony.

Mens Rea 67

Mens Rea Felony Statute Misdemeanor 67