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State v. Evans
Emphasizing that multiple circuit courts of appeals had previously interpreted the civil rights restoration section of the three strikes law to be an affirmative defense, rather than an element of the offense, the Seventh Circuit concluded that "the [D]istrict [C]ourt properly decided whether [the defendant's] civil rights were restored because the underlying facts that could support that determination constitute an affirmative defense, not an element of the offense, and are not covered by Alleyne ." Id. ; see also, e.g., United States v. Blake , 858 F.3d 1134 , 1137 (8th Cir.) ( Alleyne did n…
Retrieving the full opinion text from the archive…
Mario GARIBO-GALEANA
v.
UNITED STATES.
v.
UNITED STATES.
No. 17–5389..
Supreme Court of the United States.
Oct 2, 2017.
138 S. Ct. 257
Published
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.