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Application of the Armed Career Criminal Act to State Drug Convictions Pre-Amendments: United States Supreme Court, Brown v. United States, 22-6389.

Posted by Jose Morin | May 24, 2024 | 0 Comments

         These cases address a pivotal question regarding the application of the Armed Career Criminal Act (ACCA) to state drug convictions that occurred before recent technical amendments to the federal drug schedules. ACCA imposes a stringent 15-year mandatory minimum sentence on defendants con...

Is 18 U.S.C. § 922(g) Unconstitutional

Posted by Jose Morin | Jun 07, 2023 | 0 Comments

I.  Introduction of the case: Range v. AG United States, 2023 U.S. App. LEXIS 13972 (3d Cir. June 6, 2023) determined that Title 18 USC 922(g)(1) is not constitutional as applied. HOLDINGS: [1]-The federal "felon-in-possession" law—18 U.S.C.S. § 922(g)(1)—violated defendant's Second Amendment right to keep and bear arms because despite defendant's false statement conviction, he remained among "the people" protected by the Second Amendment. The Court of Appeals rejected the Government's argument that only "law-abiding, responsible citizens" are protected by the Second Amendment.

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