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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.

Felony 52
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US DOJ sues Texas over state law criminalizing illegal entry from abroad

JURIST

The US Department of Justice (DOJ) sued Texas and Governor Greg Abbott in his official capacity on Wednesday over a state law that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is usually a federal matter. Last month, Abbott signed SB 4.

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US federal judge blocks request to reinstate abortion ban in Guam

JURIST

Chief Judge Frances Tydingco-Gatewood of the District Court of Guam ruled that the original permanent injunction from 1990, which blocked Public Law No. Under this rule, the movant has the burden of showing that there has been a “significant change in facts or law [that] warrants revision of the decree.” Public Law No.

Statute 197
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The Role of a Criminal Law Paralegal

Paralegal Bootcamp

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. So, what are the things we do that get YOU thinking this could be the best career decision you make as a Criminal Law Paralegal?

Paralegal 265
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Locked and Loaded: Third Circuit Declares Federal Gun Law Unconstitutional Over Ex-Felon Rights

JonathanTurley

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. 922(g)(1), which bars ex-felons from possession of firearms.

Laws 45
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No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

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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New York legislature votes to abolish adultery law from 1907

JURIST

New York’s Senate on Wednesday overwhelmingly approved a bill to repeal a largely unused law from 1907 that made adultery a criminal offense. If signed, the adultery statute will be immediately repealed. Senate Bill S8744 repeals New York Penal Law Section 255.17. Several states have laws criminalizing adultery.