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Fox Rothschild LLP

Fourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves Goodbye

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On Tuesday, the Fourth Circuit issued an important opinion in United States v. Canada, No. 22-4519, holding that 18 U.S.C. § 922(g)(1) (the “felon in possession” statute) is facially constitutional even after Bruen—the...more

Epstein Becker & Green

Preemption, the First Amendment, and Ineffective Assistance of Counsel on Today’s Decisional Menu - SCOTUS Today

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Once again, the U.S. Supreme Court handed down three decisions on a Thursday, each of them substantively important to the individuals involved, but all of them essentially involving the Supreme Court’s instructing lower...more

Fox Rothschild LLP

Parsing the 2nd Crumbley Conviction

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Tonight, just before 8pm the jury came back with a finding that James Crumbley was guilty of involuntary manslaughter in connection with his 15 year old son’s shooting of 10 classmates and a teacher at his suburban Detroit...more

Dorsey & Whitney LLP

The Supreme Court - May 17, 2021

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Today, the Supreme Court of the United States issued the following four decisions: BP p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189: Congress has commanded that generally, an order remanding a case back to...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds that Attempted Bank Robbery is Categorically a ‘Crime of Violence’

On March 1, 2021 the Second Circuit (Carney, Koetl) issued a decision in Collier v. United States, affirming the district court’s denial of Keith Collier’s habeas petition to vacate his conviction and sentence for an...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds Prior Precedent Abrogated by Subsequent SCOTUS Decision

In United States v. Brown (Newman, Hall, and Chin), the Second Circuit addressed two related questions. First, the Circuit held that Dean v. United States, 137 S. Ct. 1170 (2017), abrogated prior circuit precedent in United...more

Womble Bond Dickinson

Year One of Trump’s DOJ: A Closer Look at the Four Main Categories of Offenders

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As noted in the main article, four categories of offenses represent over 80% of the total national caseload: immigration, drugs, firearms, and fraud-related financial offenses. Here’s a closer look at the categorical data...more

Dorsey & Whitney LLP

The Supreme Court - June 21, 2019

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The Supreme Court of the United States issued four decisions this morning:   North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, No. 18-457: North Carolina law imposes a tax on any trust income...more

Dorsey & Whitney LLP

The Supreme Court - January 15, 2019

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The Supreme Court of the United States issued the following two decisions today: New Prime Inc. v. Oliveira, No. 17-340: Respondent Dominic Oliveira works as a driver for petitioner New Prime, Inc., an interstate trucking...more

Patterson Belknap Webb & Tyler LLP

Despite Recent Supreme Court Precedent, and In A Departure From The “Categorical Approach,” Circuit Affirms Conviction Under...

In United States v. Barrett, the Second Circuit (Winter, Raggi, Droney) rejected a defendant’s argument that his conviction under Title 18, United States Code, Section 924(c), for using firearms in the commission of a violent...more

Sands Anderson PC

Virginia Supreme Court Revisits Meaning of "Criminal Negligence" and "Gross Negligence"

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Tina Marie Bryant took a gun from Maryland and drove to Harrisonburg intending to kill herself there. The Rockingham County Sheriff’s Department went to the hotel where Ms. Bryant was staying and, from outside her locked...more

Patterson Belknap Webb & Tyler LLP

Circuit Reverses Over-Expansive Forfeiture Order

On July 7, 2017, the Second Circuit (Jacobs, Leval, Raggi) issued a short summary order in United States v. Stegemann. Most of the order is dedicated to affirming the defendant’s conviction at trial on several drug and...more

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