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true threats

9 February 2018

10th Circuit holds reduction of sentence does not restart habeas clock; affirms conviction for interfering with a flight crew; holds challenge to mandatory crime of violence sentencing guideline is untimely; rejects a challenge to black lung survivor benefits; holds arbitration provision in gaming compact unenforceable and orders it severed; and affirms rejection of claims arising from accidental tear gas exposure in a prison.


by William Gaskill

1 June 2015

United States Supreme Court rejects negligence mens rea for threatening communications cases; holds knowledge of the need for religious accommodation not element in disparate treatment claim; holds drug paraphernalia conviction cannot lead to deportation is state statute convers more drugs than federal law; rejects plea to void underwater second mortgage in Chapter 7 case; and summarily reverses in qualified immunity case.


by William Gaskill

16 January 2015

10th Circuit holds exhortations to nonexistent followers to kill can support conviction for transmitting a threat, but, remands for retrial as jury not properly instructed on subjective intent to threaten.


by William Gaskill

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