by Douglas Ankney

The United States Court of Appeals for the Fifth Circuit held as an issue of first impression that offenses prosecuted under the Assimilative Crimes Act (“ACA”), 18 U.S.C. § 13, are not subject to the enhanced supervised release terms established by 18 U.S.C. § 3583(k) …

by Douglas Ankney

The Court of Appeal of California, Sixth District, held that a police officer’s decision to impound a vehicle pursuant to the Vehicle Code solely to prevent the driver from continuing to drive on a suspended license does not satisfy the community caretaking function required under …

by Douglas Ankney

In a unanimous opinion, the United States Court of Appeals for the Sixth Circuit held that when a District Court predetermines a supervisee’s revocation term of imprisonment at an earlier violation hearing, by committing in advance to impose a specified sentence for any future violation, …

by Douglas Ankney

In a unanimous decision, the Supreme Judicial Court of Massachusetts held that a motor vehicle stop conducted 24 hours after an officer witnessed a civil traffic infraction violated art. 14 of the Massachusetts Declaration of Rights. Addressing a question of first impression, the Court adopted …

by Douglas Ankney

In an issue of first impression, the United States Court of Appeals for the Fourth Circuit held that Immigration and Customs Enforcement’s (“ICE”) execution of a removal warrant following a final order entered by the Executive Office for Immigration Review (“EOIR”) does not qualify as …

by Douglas Ankney

The United States Court of Appeals for the Fourth Circuit vacated a defendant’s sentence and remanded for resentencing after concluding that the warrantless-search condition in the written judgment materially differed from what the U.S. District Court for the Eastern District of North Carolina orally announced …

by Douglas Ankney

The United States Court of Appeals for the Sixth Circuit held that 18 U.S.C. § 2422(b), the federal coercion and enticement statute, requires a defendant to know that the victim is a minor. Applying this interpretation, the Court ruled that Florida lewd and lascivious battery, …

by Douglas Ankney

The Supreme Court of Delaware, sitting en banc, reversed Yony Morales-Garcia’s convictions and remanded for a new trial, holding that the State committed plain error when it repeatedly referred to his brother and co-defendant’s guilty plea during trial. The Court concluded that the prosecutor’s opening-statement …

by Douglas Ankney

The United States Court of Appeals for the Tenth Circuit vacated a defendant’s 10-year mandatory minimum sentence, holding that his prior conviction under California Penal Code § 311.11 did not qualify as a predicate offense under 18 U.S.C. § 2252A(b)(2). Applying the categorical approach, the …

by Douglas Ankney

Consolidating two appeals that had produced conflicting results in the Court of Appeals, the en banc Supreme Court of Kentucky held that the Kentucky Parole Board possesses both constitutional and statutory authority to delegate the conduct of final parole revocation hearings to Administrative Law Judges …