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Export Statute, 18 U.S.C. § 554, Is Divisible; Modified Categorical Approach Applies to Statutes that Refer to Other Statutes and Regulations

US v. Franco-Casasola, No. 12-60977 (5th Cir. Oct. 23, 2014) (Owen, Southwick, Graves) Franco-Casasola was convicted under the export violation statute, 18 U.S.C. § 554(a), for buying, receiving, or concealing ?merchandise, articles and object??to wit: five semi-automatic pistols?knowing they were intended for export contrary to the Arms Export Control Act, 22 U.S.C. § 2778(b)(2), and the

Full post as published by Fifth Circuit Blog on December 31, 2014 (boomark / email).