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25 Dec 2007, 3:01 pm
Avants, 278 F.3d 510, 517 (5th Cir.2002) (stating "[i]t is plain to see that the federal and state murder prosecutions against Avants are not the ‘same offense' under the Sixth Amendment because each was initiated by a separate sovereign"); United States v. [read post]
20 Dec 2012, 12:18 pm by John L. Welch
In re Boulevard Entm’t, Inc., 334 F.3d 1336, 1340 (Fed. [read post]
20 Feb 2007, 6:22 pm
In 1972, in Deepsouth Packing Co. v. [read post]
21 Nov 2006, 12:36 pm
Bishop, 453 F.3d 30, 32 (1st Cir. 2006) (our coverage here)), as are claims that the government needed to plead and prove the ACCA enchantments, because the Supreme Court doesn't treat recidivitism as an element of the offense under Almendarez-Torres v. [read post]