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.

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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.

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Statute Felony Government Court 85

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.”

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Immigration Laws Misdemeanor Felony 118

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.

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Misdemeanor Felony Statute Court 104

JURIST

DECEMBER 15, 2021

The US District Court for the District of Columbia Tuesday sentenced a North Carolina man to 28 months in prison after he pleaded guilty to a federal felony charge regarding a threat he made against House Speaker Nancy Pelosi. The trial followed an FBI investigation and prosecution by the US Attorney’s Office for the District of Colombia.

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JURIST

APRIL 24, 2021

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. The issues in both cases involves the federal law that prohibits felons from possessing firearms, 18 USC §922(g). Two years ago in Rehaif v.

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Court Felony Government Statute 203

JURIST

JUNE 15, 2021

Under the 2019 decision in Rehaif , the government had to prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited from possessing firearms in order to convict that defendant under the statute. His conviction was vacated, and the government appealed.

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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.

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SCOTUSBlog

OCTOBER 28, 2022

The federal government – which prosecuted Jones – says the 8th Circuit got the reasoning wrong but the outcome right: It urges the Supreme Court to correct the lower court’s error but deny Jones relief. 922(g) prohibits people with felony convictions from possessing a firearm. Here is the background: 18 U.S.C. §

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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.

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Mens Rea Felony Statute Misdemeanor 64

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.

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Felony Government Statute Court 104

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

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Court Felony Statute Laws 53

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.

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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.”.

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Statute Government Felony Legal 100

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.

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Manufacturing Felony Government Statute 104

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?”

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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.

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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.”

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Statute Construction Court Felony 122

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.”

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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.

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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.

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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.

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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.

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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.

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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.

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Statute Felony Constitutional Law Court 59

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.

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Attorney Court Felony Legal 145

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.”

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Statute Misdemeanor Criminal Law Felony 58

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.

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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.

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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.

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SCOTUSBlog

JUNE 24, 2023

Share Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” Pugin pleaded guilty to being an accessory after the fact to a felony, while Cordero-Garcia was convicted of dissuading a witness from reporting a crime.

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Felony Statute Immigration Court 101

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.).

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At the Lectern

NOVEMBER 11, 2021

Four-justice separate statement, citing amicus letters, urges legislative action on vessel speed limit statute. The appellate court did not reach the underlying merits, which concern whether a loan to finance a probate lawsuit was a commercial loan or was governed by the California Financing Law applicable to consumer loans.

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Finance Statute Court Felony 49

At the Lectern

OCTOBER 14, 2022

Burgos and limited briefing to: “Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final?” The dissent claimed “section 1109 is not an ameliorative statute. Tran (2022) 13 Cal.5th

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At the Lectern

APRIL 29, 2021

Division Six concluded an erroneous felony-murder instruction was harmless. ” (Emphasis added.) A divided unpublished Fifth District opinion affirmed convictions for lewd acts on a minor and found harmless the superior court’s mistaken interpretation of a sentencing statute. Offley (2020) 48 Cal.App.5th design immunity?”

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JURIST

JUNE 24, 2023

Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.

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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.

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Stare Decisis Court Felony Statute 98