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1. Applicability of

Question presented: Whether a predicate prior conviction under the Armed Career Criminal Act must qualify as such under the elements of the offense simpliciter, without extending the modified categorical approach to separate statutory definitional provisions that merely establish the means by which referenced elements may be satisfied rather than stating alternative elements or versions of… Read More

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State v. Rogelio Guarnero, 2015 WI 72, 7/9/15, affirming a published court of appeals decision; majority by Roggensack; dissent by Bradley (joined by Abrahamson); case activity (including briefs) In a decision that is short on analysis and long on Sixth Amendment problems, the supreme court holds that Guarnero’s prior conviction for conspiring to violate the Federal Racketeer Influenced and… Read More

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Question presented: Whether the mandatory minimum sentence prescribed in 18 U.S.C. § 2252(b)(2)—which requires a prison term of at least ten years if a defendant convicted of possessing child pornography “has a prior conviction … under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or… Read More

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Review of a published court of appeals decision; case activity: 2013AP1753-CR; 2013AP1754-CR Issue (composed by On Point) Does Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act qualify as a prior offense under the repeat drug offender enhancement provision of § 961.41(3g)(c) because the RICO conviction’s predicate acts involved, among other things, controlled substance… Read More

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State v. Adam W. Miller, 2013AP2218; 6/5/14; District 4 (not recommended for publication); case activity The court of appeals holds that a circuit court may apply the § 939.62(1)(c) penalty enhancer to increase Miller’s term of initial confinement beyond the maximum prescribed by law without first imposing the maximum term of imprisonment, as in the maximums for… Read More

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State v. Rogelio Guarnero, 2014 WI App 56, petition for review granted 11/14/14, affirmed, 2015 WI 72; case activity: 2013AP1753-CR; 2013AP1754-CR Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act was a conviction for a crime “under a statute … relating to controlled substances,” and therefore qualified as a prior offense under the repeat drug… Read More

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Question presented: Whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act? Lower court opinion: United States v. Johnson, No. 12-3123, 2013 WL 3924343 (8th Cir. 2013) (per curiam) (unpublished) Docket Scotusblog page Of interest to federal practitioners, this case will resolve a split between… Read More

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State v. Richard W. Delaney, 2003 WI 9, affirming unpublished decision For Delaney: Joseph R. Cincotta Issue/Holding: ¶1 … Specifically, Delaney asks this court to determine whether Wis. Stat. § 939.62 (1999-2000) was properly applied to his already enhanced OWI offense under Wis. Stat. § 346.65(2)(c), based on the existence of a past non-OWI offense, so as to enhance… Read More

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