Document Type

Brief

Case Name

Basim Omar Sabri v. United States of America

Publication Date

9-5-2003

Abstract

No. 03-44
Basim Omar Sabri v. United States of America

On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit

From the Statement of the Case

The relevant facts of this case, as well as its procedural history, are set out clearly and completely in Mr. Sabri' s Petition, in the Appendix to that Petition, and in the opinions of the courts below. See United States v. Sabri, 183 F. Supp. 2d 1145 (D. Minn. 2002), rev 'd, 326 F.3d 937 (8th Cir. 2003). For purposes of this amicus curiae brief, it is sufficient to emphasize at the outset that both the District Court and the Court of Appeals below concluded explicitly that Section 666 cannot be justified constitutionally as a spending condition within the meaning of South Dakota v. Dole, 483 U.S. 203 (1987).

Comments

The National Association of Criminal Defense Lawyers ("NACDL") submits this amicus curiae brief in support of the Petition for a Writ of Certiorari filed in this case by Basim Omar Sabri. The NACDL is a nonprofit corporation with more than 10,000 lawyer-members and 28,000 affiliate-members in all 50 States. The American Bar Association recognizes the NACDL as an affiliate organization and awards it full representation in the ABA's House of Delegates.

Table of Authorities includes:

Richard W. Garnett, Federal Criminal Law, the Spending Power, and the New Federalism, 89 CORNELL L. REV._ (forthcoming 2003)

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