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Rehearing En Banc on Whether 18 U.S.C. § 16(b) Is Unconstitutionally Vague

United States v. Gonzalez-Longoria, No. 15-40041, 2016 WL 537612, at *1 (5th Cir. Feb. 10, 2016) (Jolly, Costa; Higginson dissenting) A divided panel held that 18 U.S.C. § 16(b) is unconstitutionally vague.  After examining the Johnson factors, the majority determined:   Section 16's standard is imprecise in all the ways that the ACCA's standard was imprecise; in each case, however, it is

Full post as published by Fifth Circuit Blog on March 04, 2016 (boomark / email).