Saturday, September 27, 2014


The upcoming Fall term of the U.S. Supreme Court has very few criminal cases set for review. Out of 40 cases selected for the term, only four involve criminal cases.  Additionally, the cases do not seem to have any earth shaking issues or issues of national import.  A brief summary follows:

1. Elonis v. United States, the question is whether a prosecution under 18 U.S.C. 875(c) requires proof of the defendant's subjective intent?  Wonder how many times this statute is used in indictments?

2. Johnson v. United States, Does mere possession of a short-barreled shotgun warrant treatment as a violent felony under the ACCA?  Are you sleeping yet?

3. Wakefield v. United States, Under the federal bank robbery statute, 18 U.S.C. 2113, what is factual necessary to establish the forced accompaniment provision, thus invoking the mandatory minimum?

4. Yates v. United States, interesting because of its facts and the application the anti shredding provision of Sarbanes-Oxley, 18 U.S.C. 1519. Commercial fisherman destroys fish after being civilly cited for harvesting undersized fish from the Gulf of Mexico and told to bring them back to port.

Hey Supreme Court there are more serious issues out there percolating out of the Circuits.  On the other hand perhaps I should be careful what I wish for.