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Court limits definition of “violent felony” in federal gun-possession penalty

SCOTUSBlog

Share A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. Justice Clarence Thomas did not join Kagan’s opinion but concurred in the result.

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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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Georgia repeals citizen’s arrest law in response to Ahmaud Arbery killing

JURIST

Georgia Governor Brian Kemp Monday signed a bill that repeals an 1863 civil war-era statute , one year after Ahmaud Arbery was fatally shot. The law was frequently used during the lynching era to justify mob violence against Black people. ” The bill makes Georgia the first state to repeal a citizen’s arrest statute. .”

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In habeas case, the liberal justices try to untangle a complex statute

SCOTUSBlog

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. Under Section 2255(h), a prisoner can bring a second or successive petition based only on facts that clearly demonstrate actual innocence or a new rule of constitutional law that the Supreme Court has made retroactive.

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US Supreme Court rules against Mexico citizen contesting indictment

JURIST

Palomar-Santiago , involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident in 1990. In 1998, an immigration judge found that Palomar-Santiago had committed an aggravated felony under the federal immigration laws when he was convicted for driving under the influence. The case, US v.

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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

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.

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The Role of a Criminal Law Paralegal

Paralegal Bootcamp

I have been in the legal field for over 30 years and a paralegal going on eight years. Then, an opportunity came along to work for the County Public Defender’s Office, defending people in misdemeanor, felony, and now the only paralegal in the office on capital cases. Preparing legal memorandums is one of my favorite things to do.

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