Legal Opinion · Dissent

United States v. Voisine

Court of Appeals for the First Circuit

Decided February 2, 2015No. 12-1213, 12-1216Published

1DissentTorruella, Circuit Judge

The majority fails to adequately justify its departure from the Supreme Court’s direction and the analogous decisions of our sister circuits. Indeed, the Supreme Court’s message is clear. In United States v. Castleman, — U.S. -, 134 S.Ct. 1405, 188 L.Ed.2d 426 (2014), the Court noted that we are the only outlying circuit on this question: our prior precedent is inconsistent with every other circuit court to consider the issue. See id. at 1414 n. 8 (contrasting our past position with that of the Second,. Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuit Courts of…

2Cases cited61 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Neder v. United StatesSupreme Court of the United States · 1999
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Bailey v. United StatesSupreme Court of the United States · 1995
  5. Morissette v. United StatesSupreme Court of the United States · 1952

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