United States v. Graham Book Reviews

United States v. Graham by Third Circuit U.S. Court Of Appeals Book Summary

This case requires us to determine whether a misdemeanor can be an "aggravated felony" under a provision of federal law even if it is not, technically speaking, a felony at all. The particular question before us is whether petit larceny, a class A misdemeanor under New York law that carries a maximum sentence of one year, can subject a federal defendant to the extreme sanctions imposed by the "aggravated felon" classification. Despite our misgivings that, in pursuit of a clearly defined legislative goal (to severely punish unlawful re-entry into this country), a carelessly drafted piece of legislation has improvidently, if not inadvertently, broken the historic line of division between felonies and misdemeanors, we conclude that Congress was sufficiently clear in its intent to include certain crimes with one-year sentences in the definition of "aggravated felony." Congress has the power to determine penalties for unlawful re-entry into this country and to define the classes of persons subject to those penalties. We think that in this case Congresss definition requires a finding that this defendant was an aggravated felon, though not a felon in the conventional sense, and therefore we will affirm the judgment of the District Court, which sentenced Winston Graham in accordance with that approach.

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United States v. Graham (Third Circuit U.S. Court Of Appeals) Book Reviews 2024

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