For the Defense - Vol. 8, Issue 3 - 49

David Simon
a hurdle from providing state funding for a real estate developer's
project. That developer paid the defendant $35,000 for the help. A
jury convicted the defendant of wire fraud based on honest-services
fraud because the defendant " had a special relationship with
the government and had dominated and controlled government
business, " even though he was a private citizen at the time of the
offense.
The Supreme Court reversed both convictions and severely
limited the reach of wire fraud prosecutions going forward. It held
in Ciminelli that the statute protects property rights only, not the
intangible interest protected by the " right to control theory. " And
it held that a private citizen, like the defendant in Percoco, is not
subject to honest services fraud.
4. Jones v. Hendrix (6/22/23) (Habeas Corpus, Post Conviction):
The Court slammed the door on factually innocent defendants who
seek to use the savings clause in 28 U.S.C. § 2255(e) to challenge their
convictions. Here, the petitioner initially was convicted as a felon
in possession of a firearm. However, later, the Court construed the
statute in a way that rendered the petitioner factually innocent. He
had already lost his first Section 2255 motion. So, he filed a habeas
corpus petition under 18 U.S.C. § 2241 because he could not file a
second or successive Section 2255 motion. The Court affirmed the
dismissal of his petition, holding that, even though he was innocent,
the federal courts did not have a mechanism to challenge his
sentence.
5. Lora v. United States (6/16/23) (Sentencing, Statutory
Interpretation): A unanimous Court ruled that a sentencing court can
impose a concurrent penalty for a conviction under 18 U.S.C. § 924(j).
18 U.S.C. § 924(c) makes it a crime to use or carry a firearm in the
commission of certain offenses. And that subsection includes a mandate
that any sentence imposed must be consecutive. Subsection (j) imposes
higher potential sentences when a defendant violates subsection (c)
and someone dies. But, the Court ruled, despite the harsher potential
sentences, subsection (j) does not mandate that the sentence run
consecutively.
6. Dubin v. United States (6/8/23) (Identity Theft, Statutory
Interpretation): Aggravated identity theft, under 18 U.S.C. § 1028A(a)(1),
requires an additional two years' imprisonment when a defendant " uses .
. . a means of identification of another person . . . during and in relation to
any " predicate offense. Here, the Government claimed that a psychologist
committed the offense by overbilling Medicaid for a patient he treated.
The Court disagreed and held that the use of the patient's Medicaid
Vol. 8, Issue 3 l For The Defense 49

For the Defense - Vol. 8, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 8, Issue 3

Contents
For the Defense - Vol. 8, Issue 3 - 1
For the Defense - Vol. 8, Issue 3 - 2
For the Defense - Vol. 8, Issue 3 - Contents
For the Defense - Vol. 8, Issue 3 - 4
For the Defense - Vol. 8, Issue 3 - 5
For the Defense - Vol. 8, Issue 3 - 6
For the Defense - Vol. 8, Issue 3 - 7
For the Defense - Vol. 8, Issue 3 - 8
For the Defense - Vol. 8, Issue 3 - 9
For the Defense - Vol. 8, Issue 3 - 10
For the Defense - Vol. 8, Issue 3 - 11
For the Defense - Vol. 8, Issue 3 - 12
For the Defense - Vol. 8, Issue 3 - 13
For the Defense - Vol. 8, Issue 3 - 14
For the Defense - Vol. 8, Issue 3 - 15
For the Defense - Vol. 8, Issue 3 - 16
For the Defense - Vol. 8, Issue 3 - 17
For the Defense - Vol. 8, Issue 3 - 18
For the Defense - Vol. 8, Issue 3 - 19
For the Defense - Vol. 8, Issue 3 - 20
For the Defense - Vol. 8, Issue 3 - 21
For the Defense - Vol. 8, Issue 3 - 22
For the Defense - Vol. 8, Issue 3 - 23
For the Defense - Vol. 8, Issue 3 - 24
For the Defense - Vol. 8, Issue 3 - 25
For the Defense - Vol. 8, Issue 3 - 26
For the Defense - Vol. 8, Issue 3 - 27
For the Defense - Vol. 8, Issue 3 - 28
For the Defense - Vol. 8, Issue 3 - 29
For the Defense - Vol. 8, Issue 3 - 30
For the Defense - Vol. 8, Issue 3 - 31
For the Defense - Vol. 8, Issue 3 - 32
For the Defense - Vol. 8, Issue 3 - 33
For the Defense - Vol. 8, Issue 3 - 34
For the Defense - Vol. 8, Issue 3 - 35
For the Defense - Vol. 8, Issue 3 - 36
For the Defense - Vol. 8, Issue 3 - 37
For the Defense - Vol. 8, Issue 3 - 38
For the Defense - Vol. 8, Issue 3 - 39
For the Defense - Vol. 8, Issue 3 - 40
For the Defense - Vol. 8, Issue 3 - 41
For the Defense - Vol. 8, Issue 3 - 42
For the Defense - Vol. 8, Issue 3 - 43
For the Defense - Vol. 8, Issue 3 - 44
For the Defense - Vol. 8, Issue 3 - 45
For the Defense - Vol. 8, Issue 3 - 46
For the Defense - Vol. 8, Issue 3 - 47
For the Defense - Vol. 8, Issue 3 - 48
For the Defense - Vol. 8, Issue 3 - 49
For the Defense - Vol. 8, Issue 3 - 50
For the Defense - Vol. 8, Issue 3 - 51
For the Defense - Vol. 8, Issue 3 - 52
For the Defense - Vol. 8, Issue 3 - 53
For the Defense - Vol. 8, Issue 3 - 54
For the Defense - Vol. 8, Issue 3 - 55
For the Defense - Vol. 8, Issue 3 - 56
For the Defense - Vol. 8, Issue 3 - 57
For the Defense - Vol. 8, Issue 3 - 58
For the Defense - Vol. 8, Issue 3 - 59
For the Defense - Vol. 8, Issue 3 - 60
For the Defense - Vol. 8, Issue 3 - 61
For the Defense - Vol. 8, Issue 3 - 62
For the Defense - Vol. 8, Issue 3 - 63
For the Defense - Vol. 8, Issue 3 - 64
For the Defense - Vol. 8, Issue 3 - 65
For the Defense - Vol. 8, Issue 3 - 66
For the Defense - Vol. 8, Issue 3 - 67
For the Defense - Vol. 8, Issue 3 - 68
For the Defense - Vol. 8, Issue 3 - 69
For the Defense - Vol. 8, Issue 3 - 70
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue2_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue1_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue4_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue3_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue2_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue1_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue4_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue3_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue2_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue1_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue4_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue3_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue2_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
https://www.nxtbookmedia.com