UNITED STATES of America, Plaintiff-Appellee,

The Court in Lewis held that the legislative history of the Gun Control Act indicates that Congress "intended that the defendant clear his status before obtaining a firearm...." Id. In the alternative, the government argued that Davis had waived his right to challenge the predicate convictions by not raising a challenge with this court during sentencing. §§ 1903(a), 1903(j) (Supp.IV 1986). app. Because Davis' state convictions had not yet been set aside at the time that he was found to be in possession of a firearm, his conviction for violating 18 U.S.C. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job.

No. The attack was successful and the convictions were reversed on the basis of an incomplete trial record. Criminal law and constitutional law currently have the most case briefs available. On June 16, 1987, crew members from the Cape Romain boarded the Myth.

at 114-15, 88 S. Ct. at 261-62. 88-1446. Quimbee might not work properly for you until you. We find that Congress had the authority to enact the Maritime Drug Law Enforcement Act and that it is constitutionally applied to defendant. Read our student testimonials. In the case of a foreign vessel, 19 U.S.C. On September 2, 1987, Davis filed a motion to dismiss for lack of jurisdiction and a motion to suppress evidence obtained from the Myth. As is clear from the record, however, the fact that a collateral attack was pending in state court was made known to the court at sentencing and any benefit of a doubt that such state proceedings would be recognized by this court for purposes of attacking the sentence should be resolved in favor of the petitioner. Atty., Rutland, Vt., for plaintiff. The amendment simply requires that federal laws recognize any state grant of a clean slate. We next examine what limitations exist on the United States' power to exercise that authority.
On August 17, 1988, Davis was charged with possessing a firearm in violation of 18 U.S.C. In the course of a routine automobile stop, police officers lawfully arrested a passenger in the car, petitioner Davis, and then conducted a search of the car. Click on the case name to see the full text of the citing case. 101, 83 L.Ed.2d 46 (1984).

Congress intended to ensure that a person granted a "clean slate" by a state would not continue to be subject to any federal firearms disability as a result of the conviction thereby set aside or pardoned. A summary and case brief of Davis v. United States, 495 U.S. 472 (1990), including the facts, issue, rule of law, holding and reasoning, key terms, and concurrences and dissents. Listed below are the cases that are cited in this Featured Case.

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The Internal Revenue Service determined that the Davises’ payments were not tax deductible, and disallowed the deductions. The high seas lie seaward of the territorial sea, defined as the three mile belt of sea measured from the low water mark. He stated that the Coast Guard had no authority to board his boat because it was of British registry and was sailing on the high seas having departed from Hong Kong.

We thus find that the Coast Guard satisfied the conditions of the United Kingdom's consent. The Supreme Court, however, has recognized a right to resentencing when a defendant's due process has been violated that extends beyond right to counsel cases. Below deck, the boarding officer saw numerous bales of material and smelled marijuana. The legislative history cited by the government demonstrates that the amendment was meant to overrule Dickerson and Thrall, which were expressly cited in a Senate Report discussion of the amendment, but not Lewis, which was not so cited. 2d 592 (1972)). Davis is not a citizen of the United States. Id.

The government contends that resentencing is only required to protect the right to counsel and that since that was not the violation involved in the predicate offenses in this case, resentencing is not required. See United States v. Bent-Santana, 774 F.2d 1545, 1548 (11th Cir.1985). It is important to note that Domegan, Bonfiglio, Tucker, and Johnson all involved collateral attack of predicate convictions after sentencing. See United States v. Feldman, 788 F.2d 544, 550 (9th Cir.1986), cert.

app. law school study materials, including 726 video lessons and 5,100+ On May 29, 1990, Davis petitioned for relief under 28 U.S.C.

§ 1401(j) (1982) defines customs waters as follows: Prior to boarding the Myth, the Coast Guard obtained permission to board from the United Kingdom in a telex which allowed the United States Coast Guard to board, search and seize the Myth in accordance with the terms of the 1981 Agreement. No. At the time of its first detection, the Myth was 35 miles away from, and headed for, San Francisco. In the instant case, a sufficient nexus exists so that the application of the Maritime Drug Law Enforcement Act to Davis' extraterritorial conduct does not violate the due process clause. Section 1903(a) and (j) proscribe possession and conspiracy to possess marijuana with intent to distribute on board a vessel subject to the jurisdiction of the United States. No contracts or commitments. The Coast Guard acted under valid statutory authority pursuant to 14 U.S.C.

Whether the consent given by the United Kingdom constitutes an arrangement pursuant to section 1401(j) presents a question of law subject to de novo review. The Davises paid back taxes and then sued the United States government (government) (defendant) for a refund. Therefore, the only issue we must consider is whether application of the Maritime Drug Law Enforcement Act to Davis' conduct would violate due process. We hold that the Coast Guard had reasonable suspicion to believe that the Myth was importing drugs. § 1903(h) (Supp.IV 1986) ("This section is intended to reach acts of possession, manufacture, or distribution outside the territorial jurisdiction of the United States"). We therefore find that the Constitution does not prohibit the application of the Marijuana Drug Law Enforcement Act to Davis. Davis timely appealed. The Coast Guard suspected the Myth of smuggling contraband.

2d 319 (1967). 92-1949. According to church regulations, the sons were supposed to use their checking accounts solely for their missionary work, but were not legally obligated to adhere to the regulations. 583, 98th Cong., 2d Sess.

The predicate conviction in that case was changed from felony to misdemeanor.

§ 1291 (1982). If not, you may need to refresh the page. U.S.
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Listed below are those cases in which this Featured Case is cited. Johnson v. Mississippi, 486 U.S. 578, 108 S. Ct. 1981, 100 L. Ed.

In Roberts v. United States, 445 U.S. 552, 100 S. Ct. 1358, 63 L. Ed. CERTIORARI TO THE UNITED STATES COURT OF MILITARY APPEALS.


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