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),

Mens Rea 59

Mens Rea Felony Statute Court 59

SCOTUSBlog

OCTOBER 1, 2021

The stranger just happened to be a plain-clothes officer who knew of Wooden’s felony convictions. Because people with felony convictions are generally prohibited from possessing firearms, when the officer stepped inside and saw a gun, he arrested Wooden. Court of Appeals for the 6th Circuit agreed with the government.

Felony 133

Felony Statute Government Court 133

SCOTUSBlog

APRIL 14, 2023

Cordero-Garcia , involving whether a federal law that allows the government to deport noncitizens convicted of “an offense relating to obstruction of justice” applies even to cases that are not connected to open investigations or judicial proceedings. In 2014, Pugin pleaded guilty in Virginia to being an accessory after the fact to a felony.

Immigration 112

Immigration Statute Felony Court 112

FDA Law Blog

AUGUST 4, 2022

Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.

Statute 98

Statute Mens Rea Manufacturing Court 98

SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. 1229(a) , the government must provide a “notice to appear” in all removal proceedings. Smith was charged with five felony counts. Under 8 U.S.C. The justices then heard FBI v.

Government 100

Government Statute Court Cause of Action 100

SCOTUSBlog

FEBRUARY 24, 2023

Share The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” United States. United States. A panel of the U.S.

Statute 100

Statute Felony Government Court 100

JURIST

JANUARY 14, 2023

In 2018 Greek authorities charged Sarah Mardini, Seán Binder and 22 other search and rescue volunteers with various misdemeanor and felony offenses, including human smuggling and money laundering, stemming from their efforts to identify and aid migrant boats off the coast of the island of Lesbos. All we want is justice.

Misdemeanor 104

Misdemeanor Felony Statute Court 104

SCOTUSBlog

DECEMBER 6, 2021

Six years later, the federal government prosecuted Taylor. The case involves the interaction of two federal criminal statutes. The second statute is 18 U.S.C. § Under the so-called “residual clause,” a crime of violence can also include any felony that, “by its nature,” entails “a substantial risk” of physical force.

Felony 106

Felony Government Statute Court 106

JURIST

JANUARY 3, 2024

The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. It avers that the law “unconstitutionally intrudes on the federal government’s exclusive authority to regulate the entry and removal of noncitizens and therefore is field preempted.”

Immigration 118

Immigration Laws Misdemeanor Felony 118

SCOTUSBlog

FEBRUARY 28, 2023

Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. Justices Sonia Sotomayor, Neil Gorsuch, and Ketanji Brown Jackson worried about the due process vagueness concerns that could result from the government’s broad reading of the statute.

Statute 91

Statute Construction Felony Law School 91

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.

Mens Rea 77

Mens Rea Felony Statute Misdemeanor 77

SCOTUSBlog

APRIL 19, 2021

United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon. 922(g) , the federal felon-in-possession statute. He was acquitted.

Felony 110

Felony Government Statute Court 110

The Crime Report

OCTOBER 18, 2021

States and localities take the lead in addressing violent crime, including gun crime, but the figures are a reflection of the key role played by the federal government in curbing illegal firearms. Most of the defendants prosecuted under federal statutes were charged with unlawful possession of a firearm.

Felony 119

Felony Manufacturing Statute Attorney 119

SCOTUSBlog

JUNE 15, 2021

922(g) , the federal statute barring people with prior felony convictions from possessing firearms, the government must prove that the defendant knew he was a felon at the time he possessed a firearm. ‘Felony status is simply not the kind of thing that one forgets.’”.

Felony 103

Felony Court Government Misdemeanor 103

SCOTUSBlog

APRIL 21, 2021

922(g) , the federal statute making it a crime for a convicted felon to possess a firearm, applies only to people who know they are “felons” within the meaning of that law. “Is the government’s position that the reviewing court can always look outside the trial record, or does it depend on the particular circumstances?”

Criminal Law 107

Criminal Law Laws Felony Government 107

SCOTUSBlog

DECEMBER 8, 2021

The answer could determine the scope of a federal criminal statute that punishes carrying or using a gun during a “crime of violence.” The statute, 18 U.S.C. § 924(c) , defines “crime of violence” as any felony that involves “the use, attempted use, or threatened use of physical force.”.

Statute 104

Statute Government Felony Legal 104

SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

Statute 140

Statute Construction Court Felony 140

SCOTUSBlog

MARCH 8, 2022

The Armed Career Criminal Act mandates a 15-year mandatory minimum for Section 922(g) offenders (the federal felon-in-possession-of-a-firearm statute) with at least three prior violent felony or serious drug offense convictions, so long as those convictions were “ committed on occasions different from one another.”

Felony 106

Felony Statute Court Construction 106

At the Lectern

MARCH 16, 2023

The resulting First District, Division Three, published opinion holds the two constitutional provisions can be reconciled and “both sections govern bail determinations in noncapital cases.” ” Government immunity. Leon is expected to answer, is immunity under Government Code section 821.6 PAGA arbitration.

Felony 40

Felony Court Construction Statute 40

The Crime Report

JANUARY 18, 2022

The “reasonable time” permitted under many state statutes can quickly stretch into months, as in the case of Jessica Jauch, a resident of Choctaw County in Mississippi. A Mississippi grand jury indicted Jauch on felony drug charges, issuing a warrant for her arrest that ultimately ended in her incarceration.

Attorney 145

Attorney Court Felony Legal 145

SCOTUSBlog

APRIL 20, 2023

Cordero-Garcia , the justices sought to define the contours of an “offense relating to the obstruction of justice,” which is one among the prior convictions that subjects noncitizens to mandatory removal from the United States as an “aggravated felony.” Martha Hutton argues for Jean Francois Pugin.

Immigration 110

Immigration Felony Court Statute 110

SCOTUSBlog

MAY 27, 2022

Under RLUIPA, the government may not “impose a substantial burden on the religious exercise of a person residing in or confined to an institution,” unless the government proves the restriction is “in furtherance of a compelling governmental interest” and is “the least restrictive means of furthering” that government interest.

Diligence 97

Diligence Statute Government Misdemeanor 97

FDA Law Blog

NOVEMBER 27, 2023

According to the government, these companies knew as early as 2012 that their dehumidifiers were defective, in that they could overheat and catch fire. In 2021, DOJ announced that the Gree Companies agreed to plead guilty to one felony count for willfully failing to report consumer product safety information as required by the CPSA.

Manufacturing 104

Manufacturing Felony Government Statute 104

SCOTUSBlog

NOVEMBER 2, 2022

In its petition , Abitron argues that the approach of the 10th Circuit conflicts from those of other circuits, which apply a total of six different tests for “deciding whether the Lanham Act governs a defendant’s foreign conduct.”. Claiming rights to water from the Colorado River itself, the Navajo Nation sued the federal government.

Government 110

Government Construction Court Statute 110

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute.

Statute 104

Statute Stare Decisis Court Manufacturing 104

FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R.

Mens Rea 83

Mens Rea Statute Healthcare Manufacturing 83

SCOTUSBlog

MARCH 28, 2022

The Georgia House responded by passing a bill providing that anyone seeking to enforce Chisholm would be “guilty of a felony and shall suffer death, without benefit of clergy, by being hanged.”). Georgia , the Supreme Court relied on this language to allow a suit against Georgia by an out-of-state creditor.

Court 97

Court Government Statute Felony 97

JonathanTurley

APRIL 21, 2021

Garner addressed a fleeing unarmed suspects and found the state statute too broad: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. .” T ennessee v. In Graham v.

Felony 57

Felony Statute Court Rules Court 57

JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”

Statute 59

Statute Misdemeanor Criminal Law Felony 59

Constitutional Law Reporter

JUNE 29, 2021

Van Buren was charged with a felony violation of the CFAA, which subjects to criminal liability anyone who “intentionally accesses a computer without authorization or exceeds authorized access.” Largely relying on textual analysis, the majority rejected the Government’s arguments in favor of its narrow interpretation of the CFAA.

Statute 59

Statute Felony Constitutional Law Court 59

At the Lectern

FEBRUARY 22, 2024

” Division Two held the statute applies only to those enhancements that were “imposed and executed,” not “imposed and stayed.” 5th 518 (see here ), which upheld regulations making early parole off limits to an inmate who is incarcerated for both nonviolent and violent felonies. Penal Code section 1172.75

Court 53

Court Felony Statute Laws 53

JonathanTurley

JUNE 7, 2023

” The government conceded that four of the five favored Range, but Pratter found that he was still properly barred under the “cross-jurisdictional consensus” among other states. It also is an appeal that would be made by the United States over the invalidation of a federal statute.

Laws 58

Laws Misdemeanor Felony Statute 58

At the Lectern

APRIL 28, 2022

No comparable statute exists for potential gravely disabled conservatees, but today’s opinion by Justice Carol Corrigan concludes that those potential conservatees are similarly situated with NGIs, and that constitutional equal protection principles thus require the government to “justify its differential treatment.”

Statute 40

Statute Felony Court Government 40

At the Lectern

JANUARY 23, 2025

The defendant was sentenced over 40 years ago to life without parole for felony murder after a jury’s true finding of felony-murder special circumstances. The 2018 legislation narrowed felony murder liability and allows for resentencing. Curiel (2023) 15 Cal.5th 5th 433, 451-452.” ” (Link added.)

Felony 45

Felony Court Attorney Statute 45

SCOTUSBlog

MARCH 30, 2022

Similar constitutional challenges have been brought against a range of California laws governing subjects from foie gras to low-carbon fuel , but despite a relist or two along the way, the court has taken none of them. Issue : Whether the statute of limitations for a 42 U.S.C. relisted after the Jan. Goertz , 21-442.

Stare Decisis 107

Stare Decisis Court Felony Statute 107

At the Lectern

NOVEMBER 24, 2021

SB 1437 was enacted in 2018 to limit criminal liability for felony murder or murder under the natural-and-probable-consequences doctrine. City of Rancho Palos Verdes, in which the issue was limited to: “Can a public entity be held liable under Government Code section 830.8 See here.) Lopez case. (See See here.).

Personal Injury 49

Personal Injury Felony Court Government 49

SCOTUSBlog

MAY 24, 2023

Moreover, the challengers note, the federal government argues that the Commission lacks authority to place restrictions on acquitted-conduct sentencing , because 18 U.S.C. 3661 bars the imposition of restrictions on the information about the background and conduct of defendants that courts can consider.

Immigration 102

Immigration Court Felony Statute 102