The Supreme Court held in United States v. Davis that the so-called “residual clause” of 18 U.S.C. 924(c)(3)(B) is void for vagueness. This means that the only way a crime can qualify as a “crime of violence” for purposes of Section 924(c) is under the “elements” (or “force”) clause of 18 U.S.C. 924(c)(A). That clause defines … Read more
In Hyman v. Brown, __ F.3d __ (2d Cir. June 24, 2019), the Court reversed a judgment granting habeas corpus relief from a state murder conviction under 28 U.S.C. § 2254. Judge Raggi wrote the majority opinion, in which Judge Droney joined. Judge Jacobs concurred in a separate opinion. The Court held that the petitioner … Read more
Monday, in United States v. Sprull, 18 Cr. 665, Judge Castel ruled that a prior conviction under 21 U.S.C. 846 is not a controlled substance offense under U.S.S.G. 4B1.2(b). Judge Castel agreed with Judge Oetken’s analysis in United States v. Wilson, 18 Cr. 12, and ruled that under the categorical approach, 846 has no overt … Read more
The Supreme Court holds that, to convict a defendant of violating § 922(g) and § 924(a)(2), the government must show not only that the defendant knew he possessed a firearm, but “also that he knew he had the relevant status when he possessed it.” Opinion (“Op.”) at 1. The Court states: “We conclude that in … Read more
In Flowers v. Mississippi, No. 17-9572, __U.S.__ , 2019 WL 2552489 (June 21, 2019), the Court reversed a death sentence because of a violation of Batson v. Kentucky, 476 U.S. 79 (1986), which prohibits the racially discriminatory use of peremptory challenges. Curtis Flowers was tried in six separate trials, by the “same lead prosecutor” for … Read more
Yesterday, in Gundy v. United States, Sup. Ct. No. 17-6086, 2019 WL 2527473 (June 20, 2019), a case out of the Second Circuit, a plurality of the Supreme Court held that 34 U.S.C. § 20913(d) — which authorizes the U.S. Attorney General “to specify the applicability” of the registration requirements of the Sex Offender Registration … Read more
Section 404 of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194 (2018), empowers district courts to “impose a reduced sentence” on people who were convicted of certain cocaine base (crack cocaine) offenses before August 3, 2010, when the Fair Sentencing Act of 2010 was enacted. It makes retroactive — to … Read more
In Gamble v. United States, No. 17-646, decided on June 17, 2019, the Supreme Court declined to overturn its “dual-sovereignty” doctrine — in the face of a Double Jeopardy challenge — in a 7-2 decision written by Justice Alito. Gamble v. United States, No. 17-646, 2019 WL 2493923 (June 17, 2019). Terance Gamble was convicted … Read more
In United States v. Havis, the en banc Sixth Circuit held, unanimously, that a Tennessee state offense criminalizing the attempted delivery of a controlled substance was not a “controlled substance offense,” for purposes of U.S.S.G. §§ 2K2.1 and 4B1.2. ___ F.3d ___, 2019 WL 2376070 (6th Cir. June 6, 2019) (en banc). Overruling prior Circuit … Read more
On June 13, 2019, the Second Circuit affirmed the gun possession conviction in US v. Balde. The story of this case began in 2006, when Mr. Balde’s temporary permission to be in the United States legally was revoked while he was visiting his mother in Guinea during her final illness. He returned by way of … Read more