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Supreme Court

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

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

Supreme Court

Supreme Court cabins reach of aggravated identity theft statute

The defendant in the case, David Dubin, was convicted of health care fraud for overbilling Medicaid while working as the managing partner of a psychological services company. The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence. Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. In an opinion by Justice Sonia Sotomayor, the … Read the rest

Supreme Court

In habeas case, the liberal justices try to untangle a complex statute

On Tuesday, the court heard argument in Jones v. Hendrix, a case that exemplifies the Gordian knot that is the federal habeas corpus statute.

As I discussed in my case preview, the underlying problem the case presents is weighty: The petitioner, Marcus DeAngelo Jones, was convicted at trial of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and sentenced to more than 27 years’ incarceration. Two decades into his prison term, … Read the rest

Supreme Court

Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

In Tuesday’s oral argument, the Supreme Court grappled with three main issues in Arellano v. McDonough, a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. First, the court looked into whether 38 U.S.C. § 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Second, if it is a statute of limitations, the court pondered … Read the rest

Civil Law

Third Circuit Affirms Law Student’s Cyberstalking Plea, Holding Federal Criminal Cyberstalking Statute Does Not Violate Constitution

This week the Third Circuit Court of Appeals upheld a federal criminal law passed in 2013 regarding cyberstalking, holding that it passes constitutional muster. U.S. v. Yung, Case No. 19-1640 (3d Cir.). The case arose in the context of a criminal matter involving a student who was rejected from Georgetown University Law Center after interviewing with an alumni representative. The decision issued by a three-judge panel is precedential and will impact other federal cyber litigations. Read on to learn … Read the rest