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U.S. v. Millis, No. 09-10134 (9th Cir.) (621 F.3d 914) (September 2, 2010) (Judge Sidney R. Thomas)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Vagueness
U.S. v. Millis, No. 09-10134 (9th Cir.) (621 F.3d 914) (September 2, 2010) (Judge Sidney R. Thomas) by Daniel Millis thought he was being a good Samaritan. He and a few volunteers from “No More Deaths,” an organization that provides humanitarian aid to migrants, were caught placing gallon-sized plastic bottles …
U.S. v. Parks, No. 07-3944 (6th Cir.) (583 F.3d 923) (October 16, 2009) (Judge Gilbert S. Merritt)
Article • September 1, 2009 • from P&J September, 2009
Filed under: Punch And Jurists, Rule of Lenity
U.S. v. Parks, No. 07-3944 (6th Cir.) (583 F.3d 923) (October 16, 2009) (Judge Gilbert S. Merritt) by As this case shows, the patchwork of American criminal laws have become a Byzantine maze of unparalleled proportions that sometimes defies comprehension. In this case, the Sixth Circuit addressed a complicated and …
U.S. v. Santos, No. 06-1005 (U.S. Supreme Court) (553 U.S. 507; 128 S.Ct. 2020) (June 2, 2008) (Justice Scalia)
Article • April 1, 2008 • from P&J May, 2008
Filed under: Punch And Jurists, Rule of Lenity
U.S. v. Santos, No. 06-1005 (U.S. Supreme Court) (553 U.S. 507; 128 S.Ct. 2020) (June 2, 2008) (Justice Scalia) by The principal Federal money laundering statute, 18 U. S. C. § 1956, prohibits specified transfers of money derived from various unlawful activities. Subsection (a)(1) makes it unlawful to engage in …
Liparota v. U.S., No. 84-5018 (U.S. Supreme Court) (471 U.S. 419; 105 S.Ct. 2084) (May 13, 1985) (Justice Brennan)
Article • October 14, 2005
Filed under: Punch And Jurists, Rule of Lenity
Liparota v. U.S., No. 84-5018 (U.S. Supreme Court) (471 U.S. 419; 105 S.Ct. 2084) (May 13, 1985) (Justice Brennan) by The Court explained that the rule of lenity "ensures that criminal statutes will provide fair warning concerning conduct rendered illegal and strike the appropriate balance between the legislature, the prosecutor …
U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter)
Article • November 21, 2003
Filed under: Punch And Jurists, Rule of Lenity
U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter) by In its decision, the Court explained the rule of lenity as one of three manifestitations of the constitutional requirement that criminal statutes provide fair warning and the standard is whether …
Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist)
Article • July 24, 2003
Filed under: Punch And Jurists, Rule of Lenity
Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist) by In this case the Court acknowledged that, under the rule of lenity, a court should not interpret a statute to increase the punishment imposed on an individual when such an …
U.S. v. Batchelder, No. 78-776 (U.S. Supreme Court) (442 U.S. 114; 99 S.Ct. 2198) (June 4, 1979) (Justice Marshall)
Article • August 14, 2002
Filed under: Punch And Jurists, Rule of Lenity
U.S. v. Batchelder, No. 78-776 (U.S. Supreme Court) (442 U.S. 114; 99 S.Ct. 2198) (June 4, 1979) (Justice Marshall) by Here the Court held that when identical conduct runs afoul of more than one prohibition of the criminal law, serious consttitutional concerns arise and at least three different principles of …
U.S. v. Bass, No. 70-71 (U.S. Supreme Court) (404 U.S. 336; 92 S.Ct. 515) (December 20, 1971) (Justice Marshall)
Article • July 29, 2002
Filed under: Punch And Jurists, Rule of Lenity
U.S. v. Bass, No. 70-71 (U.S. Supreme Court) (404 U.S. 336; 92 S.Ct. 515) (December 20, 1971) (Justice Marshall) by In this case, the respondent was convicted of possessing firearms in violation of § 1202 (a)(1) of the Omnibus Crime Control and Safe Streets Act, which provides that a person …
Moskal v. U.S., No. 89-964 (U.S. Supreme Court) (498 U.S. 103; 111 S.Ct. 461) (December 3, 1990) (Justice Marshall)
Article • June 28, 2002
Filed under: Punch And Jurists, Rule of Lenity
Moskal v. U.S., No. 89-964 (U.S. Supreme Court) (498 U.S. 103; 111 S.Ct. 461) (December 3, 1990) (Justice Marshall) by The petitioner in this case appealed his conviction under 18 U.S.C. § 2314 for receiving washed titles with fraudulent odometer figures, knowing that they were "falsely made." The issue before …
Ladner v. U.S., No. 2 (U.S. Supreme Court) (358 U.S. 169; 79 S.Ct. 209) (December 15, 2058) (Justice Brennan)
Article • March 24, 2001
Filed under: Punch And Jurists, Rule of Lenity
Ladner v. U.S., No. 2 (U.S. Supreme Court) (358 U.S. 169; 79 S.Ct. 209) (December 15, 2058) (Justice Brennan) by In this case the Court emasized that the Rule of Lenity is rooted in the due process requirement that Congress clearly articulate what conduct it has made criminal, stating: "'(W)hen …
U.S. v. Rodgers, No. 83-620 (U.S. Supreme Court) (466 U.S. 475; 104 S.Ct. 1942) (April 30, 1984) (Justice Rehnquist)
Article • June 14, 1999
Filed under: Punch And Jurists, Rule of Lenity
U.S. v. Rodgers, No. 83-620 (U.S. Supreme Court) (466 U.S. 475; 104 S.Ct. 1942) (April 30, 1984) (Justice Rehnquist) by While this case held that 18 USC § 1001 encompasses criminal invesitgations conducted by the FBI and the Secret Service, it is noted for its holding that the rule of …
U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins)
Article • June 1, 1998 • from P&J June, 1998
Filed under: Punch And Jurists, Rule of Lenity
U.S. v. Qualls, No. 95-50378 (9th Cir.) (140 F.3d 824) (April 2, 1998) (Judge Michael Daly Hawkins) by Decided before the Supreme Court's decision in Caron v. U.S., the Ninth Circuit held that when a state partially restores an ex-felon's rights to possess certain firearms, he should not be prosecuted …