[DOWNLOAD] "United States v. Spinello" by Third Circuit U.S. Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Spinello
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 11, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
We are principally called upon in this appeal to decide two issues of first impression in this Court. The first is one in a long line of post-Lopez challenges to federal statutes on Commerce Clause grounds, this one to the federal bank robbery statute, 18 U.S.C. S 2113. The second asks that we determine whether a recent amendment to the United States Sentencing Guidelines which, in the words of the Sentencing Commission, "defines and describes aberrant behavior" was a mere clarification or a substantive change in the law. We reject the challenge to S 2113 and conclude that the amendment at issue effected a substantive change and, thus, cannot be applied retroactively. Accordingly, we will affirm.
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