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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.
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 mensrea for offenses deemed violent felony predicate offenses. . § 2911.01(A)(1),
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.
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.
The Second Circuit’s Interpretation of the AKS and its MensRea 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 mensrea element goes no further.” Pfizer appealed to the Second Circuit, which again ruled against Pfizer.
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.
” 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.
In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mensrea type of evidence that I hope prosecutors and the Department of Justice will consider in charging Trump and his associates with a variety of white-collar crimes.
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