Appeal

The U.S. Supreme Court will begin its October 2017 term tomorrow. First up for the October 2017 term is Sessions v. Dimaya, which is being reargued Monday. For those of you who are not familiar with Dimaya, the Court will resolve in that case whether 18 U.S.C. 16(b) is unconstitutionally vague. A favorable ruling in Dimaya…

18 USC 922(a)(3) makes it unlawful for non-gun dealers to buy firearms in one state and then take those guns to another state if doing so would violate the law in the state in which the firearms are transported. In order to be convicted of unlawfully transporting firearms under 18 USC 922, a person must…

Antwon Jenkins was convicted of federal kidnapping and using and carrying a firearm in furtherance of a crime of violence. The firearm conviction required a consecutive sentence to the kidnapping charge. Jenkins argued on appeal that his federal kidnapping offense was not a crime of violence, and thus his gun charge under 18 U.S.C. 924(c)…

8 USC 1326 makes it illegal for any alien to reenter the United States after being deported. In order to be found guilty, a person must have the intention to reenter the United States and do so free from official restraint. There can be serious consequences for illegal reentry after deportation. One such case is…