Brief filed: 01/16/2015
United States v. McDonnell
4th Circuit Court of Appeals; Case No. 15-4019
On appeal from the U.S. District Court for the Eastern District of Virginia, Hon. James R. Spencer, case below No. 3:14-CR-12 (E.D. Va. 2014).
The District Court’s “Official Act” instruction improperly altered the federal-state balance without a clear statement from Congress. Ambiguous criminal provisions must be interpreted strictly against the government.
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