Irma Ovalles v. United States

Irma Ovalles v. United States, No. 17-10172 (October 9, 2018) On remand after the Court’s en banc decision in Ovalles, the panel held that Ms. Ovalles’s attempted car-jacking was a “crime of violence” under § 924(c)(3)(A)’s elements clause, as it requires that a defendant have an intent to cause death or bodily harm and that…

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Irma Ovalles v. United States (en banc)

Irma Ovalles v. United States, en banc, No. 17-10172 (October 4, 2018) The Court held that the residual clause of § 924(c), which defines a “crime of violence,” was not void-for-vagueness after invoking the canon of constitutional doubt to support a narrower reading of the provision, one that qualifies a defendant’s offense as a “crime…

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United States v. Alexis Hernandez

United States v. Alexis Hernandez, No. 17-15666 (October 26, 2018) The Court affirmed the defendant’s conviction, holding that the Rules of Evidence do not apply in § 851 hearings, and that the district court did not plainly err in applying the preponderance of evidence standard where the evidence established the defendant’s prior conviction beyond a…

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United States v. Lonnie Anthony Jones

United States v. Lonnie Anthony Jones, No. 17-12240 (October 25, 2018) The Court affirmed the defendant’s sentence after holding that defendant’s prior second-degree murder conviction was a “violent felony” under the ACCA’s elements clause. Violent Felony/ACCA – Second-degree murder in Florida constitutes a “violent felony” under the elements clause of the Armed Career Criminal Act.…

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