What is the test for making a criminal act a crime?

MultiRegion, United States of America

The following excerpt is from USA. v. Buckland, 277 F.3d 1173 (9th Cir. 2002):

Id. at 495; United States v. Hudson, 11 U.S. (7 Cranch) 31, 32-33 (1812) (holding that it is "[t]he legislative authority of the Union [that] must . . . make an act a crime").

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