Barry Leiwant A Supreme Court term is not complete without a few slap downs of the Ninth Circuit such as this one. The defendant in United States v. Sineneng-Smith operated an immigration consulting business in California. Between 2001 and 2008, she charged unwitting clients for help in applying to a path-to-citizenship program even though she knew the program … Read more
Kelly v. United States concerns New Jersey’s well-known Bridgegate scandal, where officials with ties to Gov. Chris Christie decided to punish the residents of Ft. Lee because their mayor would not endorse Christie for reelection in 2013. So, beginning on the first day of school, and under the guise of a traffic study, the defendants … Read more
On June 13, 2019, the Second Circuit affirmed the gun possession conviction in US v. Balde. The story of this case began in 2006, when Mr. Balde’s temporary permission to be in the United States legally was revoked while he was visiting his mother in Guinea during her final illness. He returned by way of … Read more
In Quarles v. United States, decided on June 10, 2019, a unanimous Supreme Court held that “remaining-in” burglary qualifies as a crime of violence for ACCA purposes even if the defendant does not form the intent to commit a crime in the building or structure until sometime after the unlawful remaining commences. The petitioner contended … Read more
On May 30, 2019, the Second Circuit withdrew the per curiam opinion in Thompson v. Barr, #17-3494, that was issued on May 13. The opinion found that NY assault in the second degree (NYPL § 120.05(1)) is an aggravated felony crime of violence for immigration purposes under the force clause of 18 USC § 16(a). … Read more
In Caetano v. Massachusetts, No. 14-10078, the Supreme Court, in a unanimous per curiam decision, reversed the decision of the Supreme Judicial Court of Massachusetts that a stun gun is not a “bearable arm” protected by the Second Amendment, District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. Chicago, 561 U.S. 742 … Read more