morissette v united states brief

658 results for morissette v united states brief

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  • 792 F.3d 663 (6th Cir. 2015), 14-5295, United States v. Houston

    Houston participated in a shoot-out that caused two deaths. Facing first-degree and felony murder charges, Houston obtained the services of attorney Logan. To secure payment, Houston’s father executed a deed of trust on the family property. The first trial ended in a mistrial, the second in acquittal. Houston did not pay his fees. Logan foreclosed on part of the Houston property. Soon, Houston...

    ... . .          ON. BRIEF:. . .          Mike. Whalen, Knoxville, ...Id. at 600;. see also Morissette v. United States, 342. U.S. 246, 274-76, 72 S.Ct. 240, 96 L.Ed. 288 ...

  • 647 F.3d 1048 (10th Cir. 2011), 10-4101, United States v. Manatau

    ... and Scott Keith Wilson, Assistant Federal Defender, with her on the briefs), Utah Federal Defender's Office, Salt Lake City, UT, for ... of the normal individual to choose between good and evil." Morissette v. United States, 342 U.S. 246, 250, 72 S.Ct. 240, 96 L.Ed. 288 (1952); ...

  • 857 F.3d 46 (1st Cir. 2017), 15-1619, United States v. Gonzalez

    Appellant appealed the sentence imposed for his conviction of being a felon in possession of a firearm. After Appellant pleaded guilty to the offense, the district court sentenced him to ten years, the statutory maximum. The First Circuit affirmed the sentence, holding (1) the offense-level increases were not invalid under any of the arguments set forth by Appellant; (2) Appellant’s sentence was...

    ... brief, for appellee. . .          Before. Howard, ... evil." Morissette v. United States, 342 U.S. 246, 250, 72 S.Ct. 240, 96 L.Ed. 288 ...

  • Intent Reconceived

    This Essay builds the foundation of a new paradigm in legal intent that advances justice by producing an accurate fit between the blameworthy states of mind and the formal rules by which we measure culpability and punishment. The Essay begins by challenging the pervasive conflation of the states of mind of purpose and desire, a fundamental conceptual error sponsored by William Prosser, the dean...

  • United States v. Hoskins, 082418 FED2, 16-1010-cr

    ... brief), Washington, D.C., for Appellant United States of. America. . ... for a unanimous Supreme Court in Morissette v. United. States, 342 U.S. 246 (1952). The Morissette. Court ...

  • 165 F.3d 111 (2nd Cir. 1998), 98-1111, United States v. Figueroa

    ...Brief for Appellant at 15 (quoting United States v. X-Citement Video, Inc., ... against the background of our traditional legal concepts."); Morissette v. United States, 342 U.S. 246, 263, 72 S.Ct. 240, 96 L.Ed. 288 (1952) ...

  • 583 F.3d 923 (6th Cir. 2009), 07-3944, United States v. Parks

    ...           ON BRIEF:.           Richard A. Cline, Richard A. Cline & Co., LLC, ... Court cases, the twentieth-century progenitor of which is Morissette v. United States, 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 (1952). In ...

  • 209 F.3d 338 (4th Cir. 2000), 99-4183, United States v Matthews

    ...ON Brief: James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellant. ...In reaching this conclusion, the Court relied repeatedly on Morissette v. United States, 342 U.S. 246, . . (1952) --a case on which Matthews ...

  • 810 F.3d 212 (4th Cir. 2016), 14-4375, United States v. White

    Defendant appealed his conviction and sentence for three counts of violating 18 U.S.C. 875(b), which makes it a felony to transmit threats in interstate commerce with the intent to extort, and one count of the lesser offense of transmitting a threat (without the intent to extort), in violation of 18 U.S.C. 875(c). The court concluded that the district court erroneously instructed the jury that it

    .... .           ON BRIEF: .           Anthony P. Giorno, United States Attorney, Roanoke, ...at 2009 (quoting Morissette v. United States, 342 U.S. 246, 250, 72 S.Ct. 240, 96 L.Ed. 288 (1952)). ...

  • 736 F.3d 903 (10th Cir. 2013), 11-9539, Ibarra v. Holder

    ... v. . Eric H. HOLDER, Jr., United States Attorney General, Respondent. ...Lichter on the briefs) of Lichter Immigration, Denver, CO, ... Morissette v. United States, 342 U.S. 246, ...

  • 740 F.3d 96 (2nd Cir. 2014), 12-3908-cr, United States v. Macias

    ... .           Jayme L. Feldman (Tracey Hayes, on the brief), Federal Public Defender's Office, Western District of New York, Buffalo, ... See Morissette v. United States, 342 U.S. 246, 250-52, 72 S.Ct. 240, 96 L.Ed. 288 ...

  • 814 F.3d 481 (1st Cir. 2016), 15-1177, Bernardo v. Johnson

    M&K Engineering, Inc. filed an I-140 Immigration Petition for Alien Worker for its employee. The United States Citizenship and Immigration Services (USCIS) initially approved the visa petition. The Director of the USCIS Texas Service Center subsequently revoked the approval of the visa petition. M&K’s owner Henry Bernardo administratively appealed the revocation decision. The USCIS Administrative

    ... JEH C. JOHNSON, Secretary, United States Department of Homeland ... Araujo & Fisher, LLC was on brief", for appellants. . .        \xC2"... . (quoting Morissette v. United States, 342 U.S. 246, ...

  • 788 F.3d 61 (2nd Cir. 2015), 13-4846-cr, United States v. Allen

    ...Waples, Assistant United States Attorney, on the brief), for Eugenia Cowles, Acting United States Attorney for the District of ...419, 426, 105 S.Ct. 2084, 85 L.Ed.2d 434 (1985); Morissette v. United States , 342 U.S. 246, 271, 72 S.Ct. 240, 96 L.Ed. 288 (1952). " ...

  • 951 F.2d 432 (1st Cir. 1991), 91-1216, United States v. Cetina-Gomez

    ...U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. Atty., was on brief for appellee.         Before LEVIN H. CAMPBELL, Circuit Judge, ...Morissette v. United States, 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 (1952) supports ...

  • 497 F.2d 730 (9th Cir. 1974), 72-2088, United States v. Fernandez

    ... within twenty-four pages, comprising one-fifth of the defense brief, they cannot be read without some sentiment that improprieties requiring ... as easily have expressly deleted knowledge as an element (cf., Morissette v. United States (1952) 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288). Its ...

  • 781 F.3d 345 (6th Cir. 2015), 13-2692, United States v. Solano-Rosales

    Defendant, a Mexican citizen, entered the U.S. in 1992, and, in 1993, married Cruz, a U.S. citizen. Defendant and Cruz have two children, but are divorced. Defendant has been removed three times. He pled guilty to domestic violence on three different occasions. Under Michigan law, his third offense was a felony. His 2001 application to adjust his status on the basis of his marriage was denied....

    ... .           ON BRIEF: . .           Zenaida R. Lockard, OFFICE OF THE FEDERAL PUBLIC ...1982) ( per curiam ) (citing Morissette v. United States , 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 (1952)). In ...

  • 893 F.3d 101 (2nd Cir. 2018), 17-474, Copeland v. Vance

    ...[*] . No. 17-474 . United States Court of Appeals, Second ... District Attorney, on the brief), New York County. District ...See. Morissette v. United States, 342 U.S. 246, 250, ...

  • 656 F.3d 147 (2nd Cir. 2011), 10-3160-cr, United States v. Aumais

    ...Primomo, Assistant Federal Public Defender (Molly Corbett, on the brief), for Lisa Peebles, Federal Public Defender, Albany, New York, for ... accepted definitions, not as a departure from them." (quoting Morissette v. United States, 342 U.S. 246, 263, 72 S.Ct. 240, 96 L.Ed. 288 (1952)) ...

  • 702 F.3d 22 (2nd Cir. 2012), 11-301-cr, United States v. Robinson

    ...James, Assistant United States Attorney, on the brief), for Loretta E. Lynch, United States Attorney, United States Attorney's ... does not apply to sex crimes against minors, see Morissette v. United States, 342 U.S. 246, 251 n. 8, 72 S.Ct. 240, 96 L.Ed. 288 ...

  • 427 F.2d 1017 (9th Cir. 1970), 25116, United States v. Howey

    ... . is essential, other than to cite Morissette v. United States (1952) 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 and Souza ...          Howey's motion to strike the Government's brief on appeal is denied. The judgment is affirmed. . Notes:. 1 The history of ...

  • 382 F.3d 42 (1st Cir. 2004), 03-2062, United States v. Donato-Morales

    ..., Assistant United States Attorney, Chief, Criminal Division, were on brief, for appellee.         Before TORRUELLA, LYNCH, and LIPEZ, ... had specific intent to steal a "thing of value." See id.; Morissette v. United States, 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 (1952). The ...

  • Collateral consequences and the preventive state.

    .... States consistently defend the great ... for dangerousness alone in United States v. Salerno. (277) Criminal .... (138) See, e.g., Morissette v. United States, 342 U.S. 246, 250 ... of Justice Assistance, Procram Brief (July 2002), ...

  • 887 F.3d 1329 (Fed. Cir. 2018), 2015-1944, Wi-Fi One, LLC v. Broadcom Corp.

    ... Property and Director of the United States Patent and Trademark Office, ... was taken ..’ "(quoting Morissette v. United. States, 342 U.S. ... filed an amicus curiae brief in the appeal from the district. ...

  • 438 F.2d 21 (5th Cir. 1971), 30056, United States v. Ragsdale

    ...          Although appellant's thorough brief cites a number of authorities, the thrust of his argument urges us to find ... officials who beat a handcuffed prisoner to death, and Morissette v. United States, 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 (1952), which ...

  • 445 F.2d 1076 (9th Cir. 1971), 25844, United States v. Friedman

    ...          The factual background can be briefly summarized. In October 1967, while the grand jury investigation in the ...Jacobs cites Morissette v. United States, 1952, 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288, as ...