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.

Stands v. United States

  • Case No.: 21-6826
  • Jurisdiction: United States Supreme Court
  • Brief Filed: February 11, 2022

Briefs

Argument(s)

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.

Author(s)

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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