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Test Yourself on What's New from the Supremes

Horizontales
This case upheld the district court's power to impose concurrent sentences when not expressly prohibited by statute. 22-49.
Although 8 USC 1324 (encouraging immigrants to remain in the US) reaches some protected First Amendment activities, the statute was upheld as facially constitutional. As applied challenges still a possibility. 22-179 (June 23, 2023).
________ v Colorado. “True threats” fall outside the protection of the First Amendment. This case held that the subjective component of a prosecutable true threat is the conscious disregard of a substantial risk that statements would be understood as threatening violence (i.e. recklessness). 22-138 (June 27, 2023).
To qualify for safety valve, a defendant cannot have more than 4 criminal history points, excluding any criminal history points resulting from 1-point offenses, a prior 3-point offense AND a prior 2-point violent offense. This case will resolve a circuit split on whether AND means AND or whether it means OR. 22-340.
This case eroded the deference due to an agency's interpretation of its own rules and has served as the basis for arguments that guidelines commentary is not entitled to deference when the guideline itself is clear. (2019)
Verticales
Some have said that this decision may mean the end of Bruton severances as we know them. 22-196.
Brown and ______ These cases will decide what dates to reference when challenging state drug priors based on categorical analysis of controlled substance chemical definitions. 22-6389, 22-6640.
This Supreme Court decision holds that in order to violate 1028A the defendant’s misuse of another person’s means of identification must be at the crux of what makes the underlying offense criminal, rather than merely an ancillary feature of a billing method. 22-10.
This unanimous Supreme Court decision found that when a conviction is reversed due to a finding of lack of venue, double jeopardy does not bar re-prosecution in the place where venue is proper. 21-1576 .
___ v. Georgia. This cert grant concerns the impact on double jeopardy of a ruling that multiple verdicts are "repugnant." 22-721
This unanimous Supreme Court ruling struck down wire fraud prosecutions based on the "right to control theory" (i.e. depriving a victim of information necessary to make discretionary economic decisions). 21-1170.
This cert grant out presents the question of whether 18 USC 922(g)(8) (firearm possession by a person subject to a domestic violence restraining order) violates the Second Amendment. 22-915 (June 30, 2023).