Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
Defendant's conviction and sentence for possessing and using a chemical weapon and mail theft, arising from her efforts to poison a former friend, is affirmed where: 1) defendant lacked standing to pursue her Tenth Amendment challenge to the constitutionality of 18 U.S.C. section 229; 2) section 229 is neither vague as applied to defendant's actions nor overbroad in its relation to constitutionally protected behavior; 3) search warrants were validly sought and approved as supported by sufficient evidence; and 4)district court did not err in assigning defendant a two-level sentence enhancement for using a special skill in a manner that significantly facilitated the commission or concealment of the offense.
Appellate Information
On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal Action No. 2-07-cr-00528-001)
District Judge: Honorable James T. Giles
Opinion Filed September 17, 2009
Judges
Before: Rendell, Ambro and Jordan, Circuit Judges
Opinion by Ambro, Circuit Judge
Counsel
Counsel for Appellant: Robert E. Goldman and Eric E. Reed, Fox Rothschild
Counsel for Appellee: Laurie Magid, Acting United States Attorney, Paul G. Shapiro, Assistant United States Attorney