February 27, 2023

Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence)

17 minutes

Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017)

drug trafficking aggravated felony; INA § 101(a)(43)(B); categorical approach; divisibility; NYPL § 220.31; controlled substance list; NYPL § 220.00(5); criminal sentence; double jeopardy; jury instructions as last resort; "specify"

USA v. Brasby, No. 21-1537 (3d Cir. Feb. 23, 2023)

N.J. Stat. Ann. § 2C:12-1(b)(1); extreme recklessness; crime of violence; Borden; mens rea divisibility in New Jersey; multidistrict analysis

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By Kevin A. Gregg, Esq. ([email protected])

4.9

145145 ratings

February 27, 2023

Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence)

17 minutes

Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017)

drug trafficking aggravated felony; INA § 101(a)(43)(B); categorical approach; divisibility; NYPL § 220.31; controlled substance list; NYPL § 220.00(5); criminal sentence; double jeopardy; jury instructions as last resort; "specify"

USA v. Brasby, No. 21-1537 (3d Cir. Feb. 23, 2023)