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- Title
The Eleventh Circuit Creates Uncertainty by Applying the Rule of Lenity in United States v. Izurieta.
- Authors
DiVita, Catherine
- Abstract
On February 22, 2013, in United States v. Izurieta, the U.S. Court of Appeals for the Eleventh Circuit found 18 U.S.C. § 545--a federal statute crimi-nalizing the importation of goods "contrary to law"--ambiguous as to whether it criminalizes violations of a regulation and, as a result, applied the rule of lenity. In reaching this conclusion, the court rejected approaches espoused by two split circuits, instead examining whether the regulation appears civil or criminal in na-ture. To avoid this type of uncertainty, this Comment argues that courts should instead apply the rule of lenity consistently based on § 545's ambiguous text and history, rather than examine the nature of each regulation.
- Subjects
UNITED States; UNITED States. Court of Appeals (11th Circuit); RULE of lenity (Law); IMPORT laws; IMPORTS; FOOD exports &; imports
- Publication
Boston College Law Review, 2014, Vol 55, Issue 6, p115
- ISSN
0161-6587
- Publication type
Article