In the short term, federal courts must now decide whether other federal laws that use the categorical approach are also void for vagueness. Those laws include: 18 U.S.C. § 16(b), 18 U.S.C. § 924(c), and 18 U.S.C. § 3559(c), as well as several Federal Sentencing Guidelines. (For an interesting argument that Johnson also render’s California’s second degree felony murder rule unconstitutional, see http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2674747)Johnson and Other Federal StatutesThere are several federal statutes that include language that is similar, but not identical to, the ACCA residual clause.

The Second Circuit (Leval, Lynch, Droney) issued a decision reversing a mandatory life sentence, finding plain error because the district court failed to apply the categorical approach when considering whether the defendant’s prior conviction qualified for a sentencing enhancement. The case, United States of America v. Jay Kroll, 16-4310-cr, is another example of the Second Circuit applying the categorical approach, this time to 18 U.S.C. § 3559(e) rather than to the Armed Career Criminal Act. Section 3559(e) provides for mandatory life imprisonment when the defendant is a convicted of a child exploitation offense and has a prior sex conviction.

United States v. Leaverton, 2018 WL 3421620 (10th Cir. 7/16/18) (Okla.) (published) - Oklahoma first degree manslaughter is not a "serious violent felony" under the three-strikes provision of 18 U.S.C. § 3559(c), Although the state statute was divisible, the district court improperly relied on a minute entry from the state court docket sheet to determine the statutory subsection Leaverton was convicted under. This was disallowed by United States v. Abeyta, 877 F.3d 935, 942 (10th Cir. 2017), because Shepard documents are limited to conclusive records made or used in adjudicating guilt, which does not include docket sheets.

mentation of Recovery, and must retain a copy of each passenger attestation for two years; andNot board any passenger without confirming the documentation described above.Requirements for aircraft passengersAny aircraft passenger subject to the requirements of the CDC Order is required to do the following:Present paper or digital documentation reflecting a negative Qualifying Test result or Documentation of Recovery; andProvide an attestation to the airline or other aircraft operator of having received a negative Qualifying Test result or having met the requirements for Documentation of Recovery; andRetain a copy of the above documentation and produce it upon request to any US government official or a cooperating state or local public health authority after arrival into the United States.Any airline, aircraft operator, or aircraft passenger who fails to comply with the above requirements may be subject to criminal penalties under 42 U.S.C. §271 and 42 C.F.R. §71.2, in conjunction with 18 U.S.C. §3559 and 18 U.S.C. 3571. In the case of an aircraft passenger, willfully giving false or misleading information to the government may also result in criminal penalties under 18 U.S.C. §1001.

y of each passenger attestation for two years;Confirm that each passenger aged two years of older has documentation of a negative Qualifying Test of Documentation of Recovery from COVID-19; andNot board any passenger without verifying the attestation and confirming the documentation described above.Requirements for aircraft passengersAny aircraft passenger departing from any foreign country with a destination in the United States is required to do the following:Provide an attestation to the CDC, through the airline or other aircraft operator; andRetain a copy of the negative Qualifying Test result or Documentation of Recovery from COVID-19 and present it for inspection to the airline and upon request by an agent of the US government or a cooperating state or local public health authority.Any airline, aircraft operator, or aircraft passenger who fails to comply with the above requirements may be subject to criminal penalties under 42 U.S.C. §271 and 42 C.F.R. §71.2, in conjunction with 18 U.S.C. §3559 and 18 U.S.C. 3571. In the case of an aircraft passenger, willfully giving false or misleading information to the government may also result in criminal penalties under 18 U.S.C. §1001.

Failure to provide this attestation, or submitting false or misleading information, could result in delay of travel, denial of boarding, denial of boarding on future travel, or put the passenger or other individuals at risk of harm, including serious bodily injury or death. Any passenger who fails to comply with these requirements may be subject to criminal penalties under, among others, 42 U.S.C. § 271 and 42C.F.R. § 71.2, in conjunction with 18 U.S.C. §§ 3559 and 3571. Willfully providing false or misleading information may lead to criminal fines and imprisonment under, among others, 18 U.S.C. § 1001.

cy, lease, or similar contract, and such individual can be evicted for reasons other than not paying rent or making a housing payment (e.g., if the tenant engages in criminal activity, threatens the health and safety of other residents, damages property, violates building codes or health ordinances, etc.).The Order does not preclude the right of a landlord or owner from charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.The Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order, and State, local, territorial, and tribal authorities can impose additional requirements that are more restrictive than the requirements in the Order.Violations of the CDC Order can result in criminal penalties Under 18 U.S.C. 3559, 3571; 42 U.S.C. 271; and 42 CFR 70.18: a person violating the Order may be subject to a fine of no more than $100,000 if the violation does not result in a death or one year in jail, or both, or a fine of no more than $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law.an organization violating this Order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law.Due to the potential criminal penalties for violations of the CDC Order, Landlords and owners of residential property should consult with legal counsel before taking any steps to evict a Covered Person.[View Source.]

I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.I understand that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.Signature of Declarant: _______________ Date: _______________Criminal penaltiesUnder 18 U.S.C. 3559, 3571; 42 U.S.C. 271; and 42 CFR 70.18, a person violating the Order may be subject to (i) a fine of no more than $100,000 if the violation does not result in a death or one year in jail, or both, or (ii) a fine of no more than $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law. An organization (which, for purposes of clarity, is not clearly defined in the Order) violating the order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law. The U.S. Department of Justice may initiate court proceedings as appropriate seeking imposition of these criminal penalties.ConsiderationsBased upon the foregoing, it is important to for all affected by the Order to consider the following in connection with the Order:An Authorized Person should consider whether or not the Order impacts its ability to evict a P

It covers “action taken by the Department of Commerce under the authority of the Defense Production Act” as well as its implementing regulations; and it is defined expansively to include demands for information, inspection authorizations, administrative subpoenas and allocation orders. Id. at § 700.8.See 18 U.S.C. § 3559(a)(6).See 18 U.S.C. §§ 2, 371. 15 C.F.R. § 700.74(c)(1)-(2).Id. at § 700.74(c)(3).

It affirmed on the disability claim as Clark did not challenge the district court ruling that the officers who fired the pepper balls were not agents of the county Clark sued. It finally affirmed as to the medical claim holding there was no obvious condition that would make the provider’s failure to deliver Clark for follow up with a physician reckless particularly as Clark did not ask for a referral and there was no evidence the provider’s lack of referral created an excessive risk of injury.United States v. LeavertonLeaverton appealed his enhanced sentence arguing his Oklahoma manslaughter conviction was not a violent crime under 18 USC 3559(c). The panel reversed and remanded for resentencing.