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Second Circuit: Second-Degree Kidnapping Under New York Penal Law § 135.20 Not Categorically a Crime of Violence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that kidnapping in the second degree under New York Penal Law (“NYPL”) § 135.20 is not categorically …
Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit held that a prior conviction for aggravated assault with a firearm under Louisiana state …
Article • August 15, 2022 • from CLN September, 2022
SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A) by Dale Chappell by Dale Chappell In resolving a split among U.S. Courts of Appeals, the Supreme Court of the United States (“SCOTUS”) held on June 21, 2022, that an attempted Hobbs Act robbery is …
Article • July 20, 2022
Arizona Law Limits Free Speech by Allowing Police to Verbally Create a No Recording Perimeter by Jo Ellen Nott by Jo Ellen Nott Arizona Gov. Doug Ducey (R) signed House Bill 2319 into law on July 13, 2002, making it a misdemeanor offense to record police within eight feet of where law enforcement …
Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’ by David Reutter by David M. Reutter In a precedential ruling, the U.S. Court of Appeals for the Third Circuit held that Hobbs Act robbery does not qualify as …
Article • February 1, 2022
Friendly Reminder: Yes, You Can Say (and Even Yell) ‘Fuck You’ to the Police by Richard Resch by Richard Resch Periodically, it seems the public (and especially those cops with an authoritarian bent) need a friendly reminder of this. The Eighth Circuit recently obliged. The U.S. Court of Appeals for …
Article • August 15, 2021 • from CLN September, 2021
Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed retired Air Force Lieutenant Colonel Jules A. Bartow’s conviction for using “abusive …
Article • February 15, 2021 • from CLN March, 2021
First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held that conspiracy to commit Hobbs Act robbery is not a valid offense to allow a conviction for use …
Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence after ruling the U.S. District Court for the District of Colorado improperly …
Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that RICO conspiracy under 18 U.S.C. …
Article • June 15, 2020 • from CLN July, 2020
Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association by David Reutter by David M. Reutter As governments act to contain COVID-19, tracing persons who have come in contact with infected persons is at the forefront of the move to contain the disease’s spread. Tracing people via …