JD Supra

Federal Circuit Reaffirms Application of Categorical-Taking Analysis for Temporary Fifth Amendment Takings Claims in Rails-to-Trails Cases

On May 29, 2020, the Federal Circuit issued its decision in Caquelin v. United States, reaffirming precedent governing the way courts evaluate the taking of private property in Rails-to-Trails ...
SCOTUSblog

Opinion analysis: Victory for the “categorical approach” in immigration and federal criminal sentencing – but for how long?

Immigration lawyers, reeling from yesterday’s defeat in United States v. Texas, may today be finding some solace in Mathis v. United States, handed down at the same time. Justice Elena Kagan’s ...
JD Supra

Second Circuit Vacates Sentence, Citing Failure to Apply Categorical Approach and Finding No Predicate Felony Drug Offense

The Second Circuit (Walker, Carney, and Koeltl) issued a decision vacating a 10-year sentence of imprisonment for conspiracy to distribute and possess with intent to distribute marihuana. The Court ...