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Casos recientes de estatutos con Agravantes. interpretacion.

21 de Mayo de 2008

Persona con record penal en posesión de arma y caso de posesión de explosivo al cometer delito grave. TSEU

US v. Ressam, No. 07-455
A circuit court's decision setting aside defendant's conviction on a count of carrying an explosive "during the commission of" a felony is reversed where, under a natural reading of 18 U.S.C. section 844(h)(2), since defendant was carrying explosives when he feloniously made a false statement to a customs official, he was carrying them "during" the commission of that felony. Contrary to the court of appeals' ruling, there is no requirement of a relationship between possession of the item in question and the underlying felony. Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Rodriquez, No. 06-1646
A sentence for possession of a firearm by a convicted felon is reversed where, for purposes of the Armed Career Criminal Act (ACCA), the "maximum term of imprisonment . . . prescribed by law" for the state drug convictions at issue was a 10-year maximum set by the applicable state recidivist provision. The Ninth Circuit erred in holding that "the maximum term of imprisonment ... prescribed by law" must be determined without taking recidivist enhancements into account. Read more...

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