Punch and Jurists: August 18, 2003

Volume 10, Number 33

In this issue:

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (336 F.3d 279) (July 14, 2003) (Per Curiam) (p None)
U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson) (p None)
U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson) (p None)
U.S. v. Adams, No. 02-50196 (9th Cir.) (343 F.3d 1024) (September 10, 2003) (Judge Richard C. Tallman) (p None)
A.C.L.U. v. U.S. Dept. of Justice, No. Civ.A.02-2077 ESH (D.D.C.) (265 F.Supp.2d 20) (May 19, 2003) (Judge Ellen Segal Huvelle) (p None)
U.S. v. Tyson, No. 02-X-73808-DT (E.D.Mich.) (265 F.Supp.2d 788) (April 9, 2003) (Judge Patrick J. Duggan) (p None)
Monahan v. Winn, No. Civ. No. 03-400750NG (D.Mass.) (276 F.Supp.2d 196) (August 12, 2003) (Judge Nancy Gertner) (p None)
U.S. v. Adams, No. 02-50196 (9th Cir.) (343 F.3d 1024) (September 10, 2003) (Judge Richard C. Tallman) (p None)
Caldarola v. County of Westchester, No. 01-7457 (2nd Cir.) (343 F.3d 570) (September 9, 2003) (Judge Fred I. Parker) (p None)

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (336 F.3d 279) (July 14, 2003) (Per Curiam)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists, Appealable Issues/Orders.

U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists, DNA Evidence/Testing.

The defendant in this case, Randy Kimler, was convicted of receiving, possessing and distributing child pornography by means of his computer, in violation of 18 U.S.C. § 2252. The Government’s case against Kimler was based on 69 separate exhibits that were introduced into evidence, consisting of emails, emails with …

U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists, Sentences - Adjustments and Departures.

Here the Court upheld a 4-level sentencing enhancement, pursuant to U.S.S.G. § 2G2.2(b)(3), for possession of materials that portrayed “sadistic or masochistic conduct” despite the absence of any expert testimony that the conduct in question was sadistic.

The defendant in this case, Randy Kimler, was convicted of receiving, …

U.S. v. Adams, No. 02-50196 (9th Cir.) (343 F.3d 1024) (September 10, 2003) (Judge Richard C. Tallman)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists, Jury Nullification.

Here, building on its decision in U.S. v. Marcucci, 299 F.3d 1156 (2002), the Court held that that a model jury charge telling grand jurors not to consider the wisdom of criminal laws did not impermissibly infringe on the grand jury's independence.

A.C.L.U. v. U.S. Dept. of Justice, No. Civ.A.02-2077 ESH (D.D.C.) (265 F.Supp.2d 20) (May 19, 2003) (Judge Ellen Segal Huvelle)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists, USA Patriot Act.

Few laws in recent times have been as controversial as the USA PATRIOT Act (“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act”) (herein Patriot I), which Congress hastily enacted into law after the 9/11 terrorist attacks. Civil rights groups across the nation …

U.S. v. Tyson, No. 02-X-73808-DT (E.D.Mich.) (265 F.Supp.2d 788) (April 9, 2003) (Judge Patrick J. Duggan)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists, Liens, Garnishments, Etc..

Monahan v. Winn, No. Civ. No. 03-400750NG (D.Mass.) (276 F.Supp.2d 196) (August 12, 2003) (Judge Nancy Gertner)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists, 10% Limitation.

After petitioners, federal inmates, were sentenced, the Federal Bureau of Prisons (BOP) reversed its prior policy based on a deputy attorney general's opinion that designations of offenders to community confinement were forbidden as a matter of law, notwithstanding the long-established BOP policy and practice of adopting judicial recommendations to …

U.S. v. Adams, No. 02-50196 (9th Cir.) (343 F.3d 1024) (September 10, 2003) (Judge Richard C. Tallman)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists.

In U.S. v. McCoy, 323 F.3d 1114 (9th Cir. 2003), the Ninth Circuit addressed the constitutionality of one of the many parts of 18 U.S.C. § 2252 - the sweeping “exploitation of minors” statute which seems to becoming more popular in Federal prosecutions even than the general catchall conspiracy …

Caldarola v. County of Westchester, No. 01-7457 (2nd Cir.) (343 F.3d 570) (September 9, 2003) (Judge Fred I. Parker)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 18, 2003

Filed under: Punch And Jurists, Perp Walks/Ride-Alongs.

In 1999, a number of corrections officers working for the Westchester County Department of Corrections were arrested on charges of grand larceny, arising out of their suspected receipt of disability benefits based on fraudulent job injury claims. Their arrests were carefully timed, choreographed and video-taped, and the video-tapes were …