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SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen
Loaded on Oct. 1, 2023
by Douglas Ankney
published in Criminal Legal News
October, 2023, page 22
Filed under:
Deportation/Removal/Exclusion,
Obstruction of Justice,
Elements of Crime.
Location:
United States of America.
by Douglas Ankney
Resolving a conflict among the U.S. Courts of Appeals, the Supreme Court of the United States (“SCOTUS”) held that a pending investigation or proceeding is not required for an offense to be “relat[ed] to the obstruction of justice” and considered “an aggravated felony” for the purposes of ...
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More from this issue:
- Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums, by David Reutter
- Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors, by Douglas Ankney
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, by Benjamin Tschirhart
- Database Containing 450,000 Records of NYPD Misconduct Now Available, by Douglas Ankney
- Ninth Circuit Announces District Courts Have Discretion to Consider Non-Retroactive Changes in Post-Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction, by Douglas Ankney
- New Tool Used by Police to Improve Interviewing Skills, by Jordan Arizmendi
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, by Richard Resch
- Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, by Douglas Ankney
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, by Casey Bastian
- SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen, by Douglas Ankney
- We’re All Suspects in a DNA Lineup, Waiting to be Matched with a Crime, by Nisha Whitehead, John W. Whitehead
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, by Douglas Ankney
- U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions, by Douglas Ankney
- ‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants, by Jordan Arizmendi
- Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun, by Douglas Ankney
- California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release, by Douglas Ankney
- American Bar Association’s 2023 Plea Bargain Task Force Report, by Carlo Difundo
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, by Douglas Ankney
- D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself, by Richard Resch
- Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial, by Matthew Clarke
- Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element, by David Reutter
- How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant, by Michael Thompson
- Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’, by Douglas Ankney
- Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, by Douglas Ankney
- Digital Voiceprinting Is Not Ready for Court, by Anthony Accurso
- Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories, by Anthony Accurso
- News in Brief
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Prison Profiteers Ready to Help Trump Make Good on Deportation Threats, Feb. 15, 2025. GEO Group/Wackenhut, Government Misconduct, Deportation/Removal/Exclusion, Police/Govt Misconduct.
- Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry, March 15, 2023. Cause and Prejudice, Deportation/Removal/Exclusion, Failure to Inform.
- Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, Feb. 15, 2022. Mootness, Appeals/Appellate Jurisdiction, Deportation/Removal/Exclusion.
- Washington Can’t Cheat Prisoner of Time Held Out of State on Washington Charges, Jan. 1, 2022. U.S. Sentencing Guidelines, Deportation/Removal/Exclusion, Immigration Law/Offenses.
- ICE Deportations Fueling Spread of COVID-19 to Latin American Countries, Sept. 1, 2020. COVID-19, Deportation/Removal/Exclusion.
- In the Matter of Immigration Petitions, No. 12-4096 (2nd Cir.) (702 F.3d 160) (October 16, 2012) (Judge Dennis G. Jacobs), Dec. 1, 2013. Punch And Jurists, Deportation/Removal/Exclusion.
- U.S. v. Savoca, No. 08-4610-cr (2nd Cir.) (596 F.3d 154) (February 25, 2010) (Judge Richard W. Goldberg), June 28, 2010. Punch And Jurists, Obstruction of Justice.
- U.S. v. Byors, No. 08-4811-cr (2nd Cir.) (586 F.3d 222) (October 29, 2009) (Judge Jose A. Cabranes), Dec. 1, 2009. Punch And Jurists, Obstruction of Justice.
- U.S. v. Hertular, No. 07-1453 (2nd Cir.) (562 F.3d 433) (April 6, 2009) (Judge Reena Raggi), May 1, 2009. Punch And Jurists, Obstruction of Justice.
- Arriaga v. Mukasey, No. 07-1148-ag (2nd Cir.) (521 F.3d 219) (March 27, 2008) (Judge Dennis G. Jacobs), Dec. 1, 2008. Punch And Jurists, Deportation/Removal/Exclusion.
