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OT ’13 grants

Question Presented: Whether the government must prove that the defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C. § 1344. Lower court decision: United States v. Loughrin, 710 F.3d 1111 (10th Cir. 2013) Docket Scotusblog page Are you defending someone charged with federal bank fraud… Read More

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Question presented: Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia. Lower court opinion: Hall v. State, 109 So.3d 704 (Fla. 2012) Docket Scotusblog page Atkins v. Virginia, 536 U.S. 304 (2002), held that it is unconstitutional under the Eighth Amendment to execute a person who is found… Read More

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Question presented: Whether a defendant-who has fraudulently obtained a loan and thus owes restitution for the loan under 18 U.S.C. § 3663A(b)(1)(B) returns “any part” of the loan money by giving the lenders the collateral that secures the money? Lower court opinion: United States v. Robers, 698 F.3d 937 (7th Cir. 2012) Docket Scotusblog page In… Read More

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Questions presented: 1.  Is a gun buyer’s intent to sell a firearm to another lawful buyer in the future a fact “material to the lawfulness of the sale” of the firearm under 18 U.S.C. § 922(a)(6)? 2.  Is a gun buyer’s intent to sell a firearm to another lawful buyer in the future a piece… Read More

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Question presented: Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle? Lower court opinion: People v. Lorenzo Prado Navarette, et al., No. A132353, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished) Docket Scotusblog page This is a very… Read More

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Question presented: Whether [Castleman’s] Tennessee conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to the mother of his child qualifies as a conviction for a “misdemeanor crime of domestic violence” under 18 U.S.C. § 922(g)(9). Lower court opinion: United States v. James Alvin Castleman, 695 F.3d 582 (6th Cir. 2012) Docket Scotusblog… Read More

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