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Article • January 2, 2005
Lewis v. U.S., No. 78-1595 (U.S. Supreme Court) (445 U.S. 55; 100 S.Ct. 915) (February 27, 1980) (Justice Blackmun) by Here the Court held that the broad and plain language of 18 USC app § 1202(a)(1) prohibits possession of a firearm be any person convicted of a felony without regard …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Williams, No. 97-5465 (3rd Cir.) (176 F.3d 714) (May 17, 1999) (Judge Samuel A. Jr. Alito) by Here the defendant argued that his conviction under § 843(b) did not qualify as a "controlled substance offense" for purposes of determining career offender status under U.S.S.G. § 4B1.1. The District …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Frega, No. 97-50100 (9th Cir.) (179 F.3d 793) (June 8, 1999) (Judge Stephen Reinhardt) by United States v. Morales, 185 F.3d 74 (2nd Cir. 1999) (Judge Straub) United States v. Frega, 179 F.3d 793 (9th Cir. 1999) (Judge Reinhardt) It is a rare day when a court vacates …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Mankarious, No. 95-CR-98 (7th Cir.) (151 F.3d 694) (August 7, 1998) (Judge Terrence T. Evans) by In a prosecution for laundering the proceeds of mail fraud, the defendants argued that the Government had failed to show that any predicate mailing occurred before the date of the alleged money …
Article • July 1, 1998 • from P&J July, 1998
U.S. v. To, No. 96-3045 (11th Cir.) (144 F.3d 737) (June 23, 1998) (Judge Joseph Woodrow Hatchett) by Case held that the Government's evidence was too attenuated to sustain one defendant's RICO conviction both because he joined conspiracy too late and because evidence did not tie him to the predicate …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Mankins, No. 97-40265 (5th Cir.) (135 F.3d 946) (February 18, 1998) (Judge Henry A. Politz) by Here the Court held that 21 USC § 843(b) is a "felony drug offense" under 21 USC § 841(b)(1)(B)(viii) because it prohibits drug distribution.
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Mueller, No. 95-3777 (7th Cir.) (112 F.3d 277) (April 23, 1997) (Judge Daniel A. Manion) by Here the Court held that "by its plain terms" the underlying elements of 21 USC § 843(b) constitute a controlled substance offense for purposes of the career offender provisions of USSG § …