United States v. Benally

United States v. Benally
Monday, August 8, 2016
Case Description: 

Pleasure to be writing with a great decision by Judge Noonan: United States v. Benally.  In Benally, the Court extends good mens rea requirements for crimes of violence, from 18 USC Sec. 16 to Section 924(c) cases. Great for Mr. Benally, great for the many Johnson petitioners with section 2252 motions bouncing around the district and circuit courts. The COTW memo ends with a friendly tweak to the Worthy Opposition, who had a deuce of Ninth cases they had relied upon for stay motions pulled out from underneath them, last week. For Johnson folks, the tide might be definitively turning on this infernal stay litigation: last week ended with NorCal's Judge Alsup switching course and denying stays now, and Judge Seeborg blanket-denying a batch of stays on Friday as well. Congrats to Arizona AFPD Dan Kaplan for one (of two) great wins last week,