Small V. United States - Possible Ancillary Effects

Possible Ancillary Effects

One interesting aspect of this case is the potential to affect a minor section of the USA PATRIOT Act. As the government notes in its response to the request for Certiorari:

Finally, Congress's recent enactment of other legislation that predicates criminal liability on convictions entered "in any court" suggests that definitive guidance by this Court would be of value at this time. See 18 U.S.C. 175b(d)(2)(B) (prohibition on possession of biological weapons), added by Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, Title VIII, ยง 817(2), 115 Stat. 386 (Oct. 26, 2001).7

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