by Fred Sisto | Sep 12, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Alito continued in relevant part: Petitioners various other arguments are unpersuasive. Relying on the so-called reference canon, Jackson claims that ACCA “incorporates the schedules ‘as they exist whenever a question under ACCA arises.” Brief of Petitioner...
by Fred Sisto | Sep 10, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Alito continued in relevant part: The Government’s interpretation would treat state offenses “involving a controlled substance (as defined in the CSA)” like those federal offenses “under the CSA.” Petitioners’ interpretations, by contrast, would treat those...
by Fred Sisto | Sep 8, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court majority continued in relevant part: Jackson’s presentence report identified several prior Florida convictions, including convictions in 1998 and 2004 for possession and distribution of cocaine. In 2015, the Federal Government amended the federal...
by Fred Sisto | Sep 6, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On May 23, 2024, the United States Supreme Court decided the consolidated cases captioned Brown v. United States. The principal issue before the Court concerned the application of the Armed Career Criminal Act to state drug convictions that occurred before amendments...
by Fred Sisto | Sep 4, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Thomas concluded with the following in relevant part: ATF responds that a shooter is less physically involved with operating a bump-stock equipped rifle than operating the Model 37. It explains that once a shooter pulls the rifle’s trigger a single time, the...
