Appeal

Aiding Illegal Immigrants: Law and Free Speech

Aiding Illegal Immigrants, Aid to Illegal Immigrants, Undocumented Immigrants

It seems logical that it is illegal to assist undocumented or illegal immigrants in entering the U.S. without following any of the immigration procedures. However, the question of an immigration consultant providing aid to an undocumented or illegal immigrant is a bit more complex. Does a prohibition on advising someone who resides in the U.S.…

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Impact of Deportation Proceedings on Federal Appeals

Deportation Proceedings

There are plenty of instances of a defendant in a federal criminal proceeding simultaneously facing deportation as an illegal immigrant. The situation gets a bit more complicated when a federal criminal defendant is out free on bond when he is detained by U.S. Immigration and Customs Enforcement for deportation proceedings. In United States v. Veloz-Alonso, the…

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Double Jeopardy Rule Reexamined

Double Jeopardy Rule

The double jeopardy rule is one of the more commonly understood principles of the criminal justice system. Per the Fifth Amendment, no “person [shall] be subject for the same offence to be twice put in jeopardy of life or limb.” If a defendant cannot be tried twice for the same crime, then what gives state…

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Bridgegate Scandal Lingers On But Some Charges Dismissed

Bridgegate Scandal Image

The Third Circuit Court of Appeals recently dismissed two counts of civil rights violations against Bill Baroni, the former deputy executive director of the New Jersey Port Authority, and Bridget Anne Kelly, an ex-aide to former New Jersey Governor Chris Christie. They were both convicted of several charges based on their involvement in the infamous…

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Brett Kavanaugh On Crime

Brett Kavanaugh

Brett Kavanaugh Justice Anthony Kennedy recently announced his retirement from the Supreme Court. Except for death penalty cases, Kennedy rarely voted in favor of criminal defendants. He opposed Apprendi, Booker, Alleyne and many other “seminal” criminal procedure cases handed down by the Court. Thus, while some oppose President Trump’s nomination of Brett Kavanaugh to the…

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Certiorari Granted By Supreme Court In Three New Criminal Appeals

certiorari

The U.S. Supreme Court on Friday granted certiorari in three new criminal cases. Certiorari is a latin term that is most commonly associated with a writ of certiorari, a discretionary order issued by the Supreme Court when it agrees to review a lower court’s decision. A writ of certiorari will not issue unless four Justices agree to hear a…

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October 2017 Term For Supreme Court Begins Monday

october 2017 term

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…

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Federal Kidnapping Is Not A Crime Of Violence

federal kidnapping

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)…

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Elements of Attempted Illegal Reentry After Deportation

attempted illegal re-entry

  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.   Illegal Reentry After Deportation   In United States v. Vazquez-Hernandez, defendant Rosario Vazquez-Hernandez…

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