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Health care fraud case sharpens dispute over what counts as “aggravated identity theft”

SCOTUSBlog

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Those decisions concerned conduct ranging from wire and computer fraud to tax violations. A list of this week’s featured petitions is below: Momphard v. McCutchen v. United States.

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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. Breyer’s majority opinion reaches essentially the same result, but puts a much higher burden on the government.

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Conservative majority hollows out precedent on ineffective-counsel claims in federal court

SCOTUSBlog

Even Justice Clarence Thomas led off the questioning by noting that Arizona’s position that the statute governs would render Martinez “pretty worthless.”. Share In Shinn v. In my oral argument recap , I discussed how several of the conservative justices seemed genuinely to struggle with that question.

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Argument in double-jeopardy case shines spotlight on prosecutorial issues faced by Native tribes

SCOTUSBlog

United States , which examines whether the federal government can bring criminal charges in federal court against a defendant previously found guilty in a Court of Indian Offenses for an offense stemming from the same act. Kimberly responded that there are two easy fixes, both of which, he asserted, respect tribal sovereignty.

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The long conference’s relists

SCOTUSBlog

Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. du Pont de Nemours & Co.

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Government seeks review of federal gun regulations on domestic abusers, bump stocks

SCOTUSBlog

Both cases arise under the federal firearm statute, 18 U.S.C. § Enacted by Congress in 1994, Section 922(g)(8) criminalizes gun ownership by anyone subject to a domestic-violence restraining order. Cargill , the government the justices to weigh in. Court of Appeals for the 5th Circuit. In both United States v.

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Fourth Circuit Overturns Conviction Of Retired Air Force Colonel For Using Racial Slur

JonathanTurley

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. .”

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