Thursday, August 18, 2016

US v. Mendoza-Padilla, No. 15-10051 (8-16-16)(Tallman w/Clifton and Ikuta). The categorical approach visits Florida; specifically, whether manslaughter as defined by the Florida Supreme Court constitutes a "crime of violence" under 2L1.2. The 9th holds it is not. Manslaughter under the Florida statute only requires a mens rea of negligence; it is broader than the generic contemporary manslaughter. The statute is not divisible and so the modified approach does not apply.  The +16 enhancement is reversed and the case remanded for resentencing.

Congrats to CJA panel lawyer Harriet Levitt of Tucson.

The decision is here:

US v. McIntosh et al, No. 10117 et al (8-16-16)(O'Scannlain w/Silverman and Bea). These are 10 consolidated interlocutory appeals and mandamus petitions.  The issue raised is whether defendants could avoid prosecution for federal marijuana offenses on the basis of the Congressional rider to the Controlled Substances Act that prevents DOJ from spending funds to prevent states' implementation of medical marijuana laws.  The 9th finds that the rider does bar prosecutions where the defendants' acts comply with state law. The cases are remanded for hearings to see whether the defendants complied with state law.

Congrats to Robert Fischer of the Fed Defenders of E. Wash. & Idaho (Spokane) and Andras Franks of the FPD Cal Eastern (Fresno).

The decision is here:


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