Notes of Decisions
United States v. Duane Ehmer, 87 F.4th 1073 (9th Cir. 2023).
· cites it 2× “” 2 U.S.C. § 285b(3). Because the features on which Appellants rely are merely editorial additions made by a congressional office, and not any part of a statute enacted by Congress, they are entitled to no weight and provide no grounds for disregarding the clear statutory text.”
United States v. Loniello, 610 F.3d 488 (7th Cir. 2010).
“…every separate number must create a different crime. We cannot imagine any reason why the Constitution would be thought to allow successive prosecutions if § 2113(a) ¶ 1 were redesignated § 2113(a)(1), and ¶ 2 as § 2113(a)(2), or if they were renumbered as § 2113(a) and §…”
Lyons v. Georgia-Pac. Corp. Salaried Employees Ret. Plan, 221 F.3d 1235 (11th Cir. 2000).
“See generally 2 U.S.C. § 285b(4) (authorizing the Office of the Law Revision Counsel "[t]o classify newly enacted provisions of law to their proper positions in the [United States] Code where the titles involved have not yet been enacted into positive law”).”
Howard Univ. Hosp. v. Dist. of Columbia Dep't of Emp't Servs., 200 A.3d 1244 (D.C. 2019).
“Council, including "interpret[ing] any discrepancies in the drafting of the laws[,] using commonly recognized rules of statutory construction"); *1250 2 U.S.C. § 285b(4) (2017) (duties of federal Office of the Law Revision Counsel include "classify[ing] newly enacted provisions…”
Arabian Motors Grp. W.L.L. v. Ford Motor Co., 228 F. Supp. 3d 797 (E.D. Mich. 2017).
“Nor did the final, approved version of the Act identify where Congress intended the Act to appear in the United States Code. The decision to place the Fairness Act in Chapter 15 of the United States Code appears to have been made by the Office of the Law Revision Counsel…”
Panjiva, Inc. v. U.S. Customs & Border Prot., 342 F. Supp. 3d 481 (S.D. Ill. 2018).
“See 2 U.S.C. § 285b. The resulting codification of § 431(c)(1) of the Tariff Act produced the version that still exists today: Except as provided in subparagraph (2), the following information, when contained in a vessel vessel or aircraft manifest, shall be available for public…”
Preston v. Heckler, 734 F.2d 1359 (9th Cir. 1984).
“10 In codifying the section in both the 1976 and 1982 versions of the United States Code, the Office of the Law Revision Counsel, ostensibly acting under statutory authority, see 2 U.S.C. § 285b(2) (1982), omitted as obsolete the phrase “without regard to civil-service laws”…”
Preston v. Schweiker, 555 F. Supp. 886 (D. Alaska 1983).
“The court additionally notes that plaintiff has made no showing that the omission was not made in compliance with 2 U.S.C. § 285b (1976).”
Turner, Henry v. Glickman, Daniel R., 207 F.3d 419 (7th Cir. 2000).
“See 2 U.S.C. § 285b(4). Moreover, Congress has not approved this codification decision by subsequently enacting Title 21 into positive law.”
Howard Univ. Hosp. v. DC DOES & James M. Lyles (D.C. 2019).
“Council, including “interpret[ing] any discrepancies in the drafting of the laws[,] using commonly recognized rules of statutory construction”); 2 U.S.C. § 285b(4) (2017) (duties of federal Office of the Law Revision Counsel include “classify[ing] newly enacted provisions of law…”
United States v. State of Washington (9th Cir. 2021).
“§ 204 (a); 2 U.S.C. § 285b. 26 UNITED STATES V. STATE OF WASHINGTON 1 First, the panel disregarded Goodyear’s controlling construction of the statutory phrase at issue here.”
— 2 U.S.C. § 285b(2) — 1 case
Preston v. Heckler, 734 F.2d 1359 (9th Cir. 1984).
“10 In codifying the section in both the 1976 and 1982 versions of the United States Code, the Office of the Law Revision Counsel, ostensibly acting under statutory authority, see 2 U.S.C. § 285b(2) (1982), omitted as obsolete the phrase “without regard to civil-service laws”…”
— 2 U.S.C. § 285b(3) — 2 cases
United States v. Duane Ehmer, 87 F.4th 1073 (9th Cir. 2023).
“” 2 U.S.C. § 285b(3). Because the features on which Appellants rely are merely editorial additions made by a congressional office, and not any part of a statute enacted by Congress, they are entitled to no weight and provide no grounds for disregarding the clear statutory text.”
— 2 U.S.C. § 285b(4) — 6 cases
United States v. Duane Ehmer, 87 F.4th 1073 (9th Cir. 2023).
“” 2 U.S.C. § 285b(3). Because the features on which Appellants rely are merely editorial additions made by a congressional office, and not any part of a statute enacted by Congress, they are entitled to no weight and provide no grounds for disregarding the clear statutory text.”
Lyons v. Georgia-Pac. Corp. Salaried Employees Ret. Plan, 221 F.3d 1235 (11th Cir. 2000).
“See generally 2 U.S.C. § 285b(4) (authorizing the Office of the Law Revision Counsel "[t]o classify newly enacted provisions of law to their proper positions in the [United States] Code where the titles involved have not yet been enacted into positive law”).”
Howard Univ. Hosp. v. Dist. of Columbia Dep't of Emp't Servs., 200 A.3d 1244 (D.C. 2019).
“Council, including "interpret[ing] any discrepancies in the drafting of the laws[,] using commonly recognized rules of statutory construction"); *1250 2 U.S.C. § 285b(4) (2017) (duties of federal Office of the Law Revision Counsel include "classify[ing] newly enacted provisions…”
Turner, Henry v. Glickman, Daniel R., 207 F.3d 419 (7th Cir. 2000).
“See 2 U.S.C. § 285b(4). Moreover, Congress has not approved this codification decision by subsequently enacting Title 21 into positive law.”
Howard Univ. Hosp. v. DC DOES & James M. Lyles (D.C. 2019).
“Council, including “interpret[ing] any discrepancies in the drafting of the laws[,] using commonly recognized rules of statutory construction”); 2 U.S.C. § 285b(4) (2017) (duties of federal Office of the Law Revision Counsel include “classify[ing] newly enacted provisions of law…”
— 2 U.S.C. § 285b(l) — 1 case
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