JURIST

JUNE 12, 2021

The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). had pleaded guilty to a felon-in-possession charge, and the government sought to apply the enhanced sentence under the ACCA.

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Felony Mens Rea Court Rules Court 161

SquirePattonBoggs

FEBRUARY 14, 2023

A)(1), does not qualify as a violent felony under the Armed Career Criminal Act (commonly referred to as “ACCA”). A)(1) did qualify as a violent felony under ACCA. 2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. . § 2911.01(A)(1),

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Mens Rea Felony Statute Court 59

SCOTUSBlog

JUNE 24, 2021

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. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. Borden objected. Ashcroft and Voisine v.

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Mens Rea Felony Statute Misdemeanor 77

FDA Law Blog

SEPTEMBER 22, 2022

The JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead. Second, because of this strict liability exposure, an individual can be charged with an FDC Act misdemeanor as a lesser included offense any time DOJ charges an FDC Act felony.

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Misdemeanor Mens Rea Felony Government 59

FDA Law Blog

NOVEMBER 6, 2022

The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” Pfizer appealed to the Second Circuit, which again ruled against Pfizer.

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Mens Rea Statute Healthcare Manufacturing 83

FDA Law Blog

AUGUST 4, 2022

That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability. Pfizer appealed to the Second Circuit. The Second Circuit’s Interpretation of the Anti-Kickback Statute.

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Statute Mens Rea Manufacturing Court 98

At the Lectern

JANUARY 6, 2025

” The opinion also finds significant the abuse the father had inflicted on the mother. .” ” The opinion also finds significant the abuse the father had inflicted on the mother.

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Mens Rea Court Felony Legal 45