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Justia Daily Opinion Summaries

US Court of Appeals for the Eleventh Circuit
November 24, 2020

Table of Contents

United States v. Delgado

Criminal Law

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Mandatory Vaccination and the Future of Abortion Rights

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In light of recent news that Pfizer and Moderna have apparently created safe and effective vaccines against COVID-19, Cornell law professor Michael C. Dorf considers whether the government can mandate vaccination for people who lack a valid medical reason not to get vaccinated. Dorf briefly addresses issues of federalism and religious objections to vaccination and then addresses the question whether mandatory vaccination might be inconsistent with a right to abortion.

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US Court of Appeals for the Eleventh Circuit Opinions

United States v. Delgado

Docket: 19-11997

Opinion Date: November 23, 2020

Judge: R. Stan Baker

Areas of Law: Criminal Law

The Eleventh Circuit affirmed defendant's conviction and sentence for knowingly importing approximately 2.62 grams of U47700, a Schedule I controlled substance, in violation of 21 U.S.C. 952, and possessing five firearm silencers, which had not been registered to him in the National Firearms Registration and Transfer Record, in violation of 26 U.S.C. 5861(d). The court held that the warrant for the search of defendant's home was supported by probable cause; the good faith exception provides an additional and alternative basis for the court to affirm the district court's ruling on the motion to suppress; the Government presented sufficient evidence to permit the district court, in sentencing defendant, to consider as relevant conduct his importation of the first intercepted package where the Government demonstrated, by a preponderance of evidence, that defendant knew that the substance being shipped in the first package was not a legal substance; and the district court properly applied a sentencing enhancement for possession of a dangerous weapon under USSG 2D1.1(b)(1).

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