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Fool Me Once, Shame on You. Fool Me Twice and It’s a Federal Felony—Always?

FDA Law Blog

Walsh — As readers of the FDA Law Blog know, the FDC Act is a strict liability criminal enforcement statute that can impose criminal misdemeanor penalties on a person without any showing of intent. His arguments were rejected by the district court, and the 9th Circuit affirmed the felony conviction.

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Amnesty International urges Greece authorities to drop charges against migrant rescuers

JURIST

Director Nils Muižnieks issued his statement after Greece’s Court of Appeal of Mytilene dropped some of the misdemeanor charges previously laid against the volunteers. The statute of limitations for the remaining misdemeanor charges against the two will expire in February. All we want is justice.

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US federal judge blocks request to reinstate abortion ban in Guam

JURIST

A federal court in Guam Friday denied a request to reinstate a total abortion ban on the island of Guam. Chief Judge Frances Tydingco-Gatewood of the District Court of Guam ruled that the original permanent injunction from 1990, which blocked Public Law No. Wade , does not impact the statute’s constitutionality.

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Consequences For Drug Possession Could Change in 2023 in Washington State

The Crime Report

Washington’s Supreme Court declared Washington’s felony drug possession statute unconstitutional in 2021 because it made possession a felony, whether someone was aware of the drugs being on them or not. Lawmakers responded to the ruling by temporarily making drug possession a simple misdemeanor.

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US DOJ sues Texas over state law criminalizing illegal entry from abroad

JURIST

The case is in the US District Court for the Western District of Texas Austin Division. The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. Last month, Abbott signed SB 4.

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Failure to label minor’s wobbler offense requires remand regardless of likelihood of sentence change; the error can be raised for the first time on appeal

At the Lectern

” The court’s unanimous opinion by Justice Goodwin Liu notes that since enactment of the statute (Welfare and Institutions Code section 702), “we have thrice remanded for further proceedings to remedy noncompliance with its express declaration requirement.” In In re F.M. ,

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

SCOTUSBlog

United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. 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. The case came to the court after Charles Borden Jr.