The Supreme Court Once Again Steps in to Curtail Government Abuse of Vague Criminal Provisions

  1. Marinello v. United States, 138 S. Ct. 1101 (2018).
  2. 26 U.S.C. § 7212(a).
  3. United States v. Marinello, 839 F.3d 209, 221 (2d Cir. 2016) (quoting United States v. Wood, 384 Fed. Appx. 698, 702 (2d Cir. 2010).
  4. Brief of NACDL and Cause of Action Institute as Amici Curiae Supporting Petitioner at 4, Marinello v. United States, 138 S. Ct. 1101 (2018) (№16–1144). Read the amicus brief at https://www.nacdl.org/Amicus/2017 (citing McDonnell v. United States, 136 S. Ct. 2355, 2367 (2016); Yates v. United States, 135 S. Ct. 1074 (2015); Arthur Andersen LLP v. United States, 544 U.S. 696 (2005); United States v. Aguilar, 515 U.S. 593 (1995)).
  5. Marinello, 138 S. Ct. at 1109.
  6. Id. at 1107.
  7. Id. at 1106 (citing United States v. Aguilar, 515 U.S. 593, 600 (quoting McBoyle v. United States, 283 U.S. 25, 25 (1931))).
  8. Marinello, 138 S. Ct. at 1108.
  9. See the following articles written by Norman L. Reimer: When It Comes to Overcriminalization, Prosecutorial Discretion Is for the Birds, The Champion, September/October 2012 at 9; Whether Fish or Fowl — Prosecutorial Overreach Is a Poisonous Aspect of Overcriminalization, The Champion, September 2014 at 7; Overcriminalization and the Trial Penalty: Gaining Traction One Case — And One Justice — at a Time, The Champion, January/February 2015 at 9; Overcriminalization: It Can Be Complex or Simple, but It Is Always Wrong, The Champion, September/October 2015 at 9.
  10. Yates, supra note 4.
  11. United States v. Brigham Oil and Gas LP, 840 F. Supp. 2d 1202 (D.N.D. 2012).
  12. Bond v. United States, 134 S. Ct. 2077 (2014).
  13. Marinello, 138 S. Ct. at 1108.
  14. Id. citing Office of the Attorney General, Department Charging and Sentencing Policy (May 10, 2017), available at http://www.justice.gov/opa/press-release/file/965869/download (last visited March 16, 2018).
  15. Smith v. Goguen, 415 U.S. 566, 575 (1974).
  16. Id. at 1109.

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