Government, Mens Rea and Misdemeanor

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Government

Mens Rea

Misdemeanor

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

SCOTUSBlog

JUNE 24, 2021

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. The district court ruled for the government and the U.S.

Mens Rea

Mens Rea Felony Statute Misdemeanor

No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

SEPTEMBER 22, 2022

The JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead. First, regardless of Park, under the FDC Act, any individual who commits an FDC Act violation can be held liable for a strict liability misdemeanor, regardless of whether the individual is a responsible corporate officer.

Misdemeanor

Misdemeanor Mens Rea Felony Government

Paralegal Brief

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

No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

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