Stands v. United States

Brief for Professors Stephen Smith, Hadar Aviram, John Burkoff, and the National Association of Criminal Defense Lawyers, as Amici Curiae in Support of Petitioner.

Brief filed: 02/11/2022


Stands v. United States

United States Supreme Court; Case No. 21-6826


When Congress uses a term that has acquired a well-established common-law meaning, it is presumed to adopt that meaning. The well-established common-law definition of "simple assault" uniformly required an attempt or threat to inflict injury on another. Nothing in § 111 overcomes the presumption that the term "simple assault" carries its common-law meaning. A circuit split has developed regarding whether the common-law definition of "simple assault" applies to § 111.

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Jeffrey T. Green, NACDL, Washington, DC; Elizabeth R. Moulton, Orrick, Herrington & Sutcliffe LLP, San Francisco, CA; Eric A. Shumsky, Thomas M. Bondy, and Sarah H. Sloan, Orrick, Herrington & Sutcliffe LLP, Washington, DC.

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