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Sentencing Firearms

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The Supreme Court Update - June 21, 2024

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The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...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 Affirms Sentencing Enhancement for Altered Serial Number on a Gun, Despite Legible Serial Numbers On Other Parts of...

In United States v. St. Hilaire, 19-640 (May 21, 2020), the Second Circuit (Jacobs, Calabresi, Chin) affirmed a sentencing enhancement for possessing a firearm with an altered serial number, even though at least one of the...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

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Firearms Enhancement

In United States v. Ryan, 17-3919-cr (Jacobs, Lohier, Carney), the Second Circuit affirmed a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for using a firearm in connection with another felony offense. Appellant...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

Patterson Belknap Webb & Tyler LLP

In Split Decision, Court Again Applies Castleman To Interpret the “Force Clause” of the Armed Career Criminal Act

In Villanueva v. United States, the Second Circuit held by a 2-1 vote (Newman and Leval, with Pooler dissenting) that a conviction for first degree assault under Connecticut law qualifies as a violent felony under the Armed...more

Dorsey & Whitney LLP

The Supreme Court - April 2016 #2

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The Supreme Court of the United States issued one decision on April 18, 2016: - Welch v. United States, No. 15-6418: Last term, the Supreme Court, in Johnson v. United States, 576 U.S. __ (2015), held that the residual...more

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