Friday, September 23, 2011

Second Circuit -- US v. Torres-Rosario

As-applied challenge to felon-in-possession statute TKO'd, as priors were for drug dealing, which is bad and potentially violent.

No error in referring to deft in closing as a drug dealer, as it was a common-sense inference.

Excluded statement useless and harmless.

Subsequent reversal on ACCA predicates justifies vacate & remand in the interest of justice, despite deft stipulating to ACCA priors at sentencing.


US v. Torres-Rosario
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.