Court strikes a blow for sentencing discretion under provision in federal firearm statute

Court strikes a blow for sentencing discretion under provision in federal firearm statute

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People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States. The justices ruled that federal criminal sentencing laws do not require Efrain Lora, who was convicted for his role in a drug-trafficking-related murder, to receive multiple consecutive, rather than concurrent, … Read the rest

Susan Oki Mollway, First Asian American Woman on Federal Bench: ‘Believe in Yourself’

As a Japanese American, Judge Susan Oki Mollway never considered herself disadvantaged while growing up in the multicultural environment of Hawaii. So, she was surprised, when she was nominated to the federal bench in 1998, to learn she was the first Asian woman to serve as an Article III federal judge. In recognition of Asian Pacific American Heritage Month, a new video profile explores Mollway’s heritage.
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North Dakota truck stop objects to federal allowance for debit-card processing fees

North Dakota truck stop objects to federal allowance for debit-card processing fees

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Administrative Procedure Act is a federal law that governs the procedures by which federal agencies propose and issue regulations. The APA gives anyone who is injured by an agency’s action the right to go to court to challenge the action, but plaintiffs must file their challenges “within six years … Read the rest

Court narrows scope of federal wire fraud statutes

Court narrows scope of federal wire fraud statutes

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For decades, the Supreme Court has steadily narrowed the scope of the federal criminal wire fraud statutes, and Thursday’s decision in Ciminelli v. United States is no exception. The court held that the federal criminal wire fraud statutes do not incorporate a “right to control” theory of fraud. The court referenced both federalism and overcriminalization concerns in narrowing the scope of the wire fraud statutes, pushing federal prosecutors to be more precise in articulating fraud cases against suspicious state … Read the rest

Judiciary Launches New Federal Ticket Processing Website

Individuals can now pay tickets for minor federal violations more easily, using a redesigned website for the Judiciary’s Central Violations Bureau. The website, officially launching in early May, leverages new technologies and best design practices to improve usability and accessibility across devices, including smart phones.
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Supreme Court will consider major case on power of federal regulatory agencies

Supreme Court will consider major case on power of federal regulatory agencies

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Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.  

The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest

Another federal agency challenges adverse ruling by 5th Circuit

Another federal agency challenges adverse ruling by 5th Circuit

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Next term the justices will hear the government’s appeal of a decision by the U.S. Court of Appeals for the 5th Circuit that found the funding mechanism for the Consumer Financial Protection Bureau unconstitutional. This week, we highlight cert petitions that ask the court to consider, among other things, whether … Read the rest