United States v. Capers
| Docket Number | 17-1836 |
| Decision Date | 14 December 2021 |
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44 cases
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United States v. Taylor
...even when the defendant ignited a homemade bomb during an attempt to blow up a shopping mall).3 See, e.g., United States v. Capers , 20 F.4th 105, 111–112 (C.A.2 2021) (applying United States v. Davis , 588 U. S. ––––, 139 S.Ct. 2319, 204 L.Ed.2d 757 (2019), and finding that a federal Racke......
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United States v. Ramirez
... ... meaning of section 924(c)(1)(A) by, “among other things ... firing or attempting to fire a firearm”) ... (citation omitted), abrogated on other grounds by United ... States v. Davis , 139 S.Ct. 2319 (2019), as ... recognized in United States v. Capers , 20 F.4th 105, 119 ... n.10 (2d Cir. 2021). Indeed, as discussed above, the Court ... specifically instructed the jury that “discharging a ... firearm would constitute use, carrying, or ... possession.” (Tr. at 703:1718 (emphasis added).) ... Accordingly, even ... ...
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United States v. Laurent
...the residual clause of § 924(c)(3)(B) is unconstitutionally vague.7 Davis , 139 S. Ct. 2319, 2336 (2019) ; see also United States v. Capers , 20 F.4th 105, 117 (2d Cir. 2021) ; United States v. Heyward , 3 F.4th 75, 81 (2d Cir. 2021) ; United States v. Martinez , 991 F.3d 347, 350 (2d Cir. ......
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United States v. Lauria
...misled the jury about the correct legal rule," United States v. Raniere, 55 F.4th 354, 362 (2d Cir. 2022) (quoting United States v. Capers, 20 F.4th 105, 116 (2d Cir. 2021)), thereby prejudicing the defense, see United States v. Hoskins, 44 F.4th 140, 154 (2d Cir. 2022) (explaining reversal......
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