2022 U.S. Supreme Court Criminal Law Update

Xiulu Ruan v. U.S., Op. No. 20-1410, (06/27/2022)

Section 841’s “knowingly or intentionally” mens rea applies to the

statute’s “except as authorized” clause. Once a defendant meets the

burden of producing evidence that his or her conduct was “authorized,”

the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.

U.S. v. Taylor, Op. No. 20-1459, (06/21/2022)

Attempted Hobbs Act robbery does not qualify as a “crime of violence” under §924(c)(3)(A) because no element of the offense requires

proof that the defendant used, attempted to use, or threatened to use


Denezpi v. U.S., Op. No. 20-7622, (06/13/2022)

The Double Jeopardy Clause does not bar successive prosecutions

of distinct offenses arising from a single act, even if a single sovereign

prosecutes them.