The opinion contains broad language about sentencing provisions: "the presumption in favor of scienter is lessened, if not altogether absent, when considering sentencing enhancement provisions." Be wary of this statement. I don't think it is the last time we will see it.
Tuesday, May 15, 2018
5/15/18: Case about bank robbery resulting in death
In United States v. McDuffy, --- F.3d ---, No. 16-10520 (9th Cir. 2018), the Court held that, under 8 U.S.C § 2113(e), the enhanced punishment (life or death) for an individual who kills a person in the course of committing a bank robbery does not require proof of a separate mens rea (i.e, the defendant knowingly killed). Rather, the only mens rea required is the mens rea necessary to commit the underlying bank robbery. Thus, the enhanced punishment applies even when the bank robber accidentally kills someone.
The opinion contains broad language about sentencing provisions: "the presumption in favor of scienter is lessened, if not altogether absent, when considering sentencing enhancement provisions." Be wary of this statement. I don't think it is the last time we will see it.
The opinion contains broad language about sentencing provisions: "the presumption in favor of scienter is lessened, if not altogether absent, when considering sentencing enhancement provisions." Be wary of this statement. I don't think it is the last time we will see it.
