Punch and Jurists: May 10, 2004

Volume 11, Number 19

In this issue:

U.S. v. Isiofia, No. 03-1287 (2nd Cir.) (370 F.3d 226) (June 1, 2004) (Judge Barrington D. Jr. Parker) (p None)
U.S. v. Chin, No. 03-1621 (2nd Cir.) (371 F.3d 31) (June 2, 2004) (Judge Joseph M. McLaughlin) (p None)
U.S. v. Mitchell, No. 02-2859 (3rd Cir.) (365 F.3d 215) (April 29, 2004) (Judge Edward R. Becker) (p None)
Yarborough v. Alvarado, No. 02-1684 (U.S. Supreme Court) (541 U.S. 652; 124 S.Ct. 2140) (June 1, 2004) (Justice Kennedy) (p None)
U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard) (p None)
U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian) (p None)
U.S. v. Al-Arian, No. 8:03-CR-77-T-30TBM (M.D.Fla.) (308 F.Supp.2d 1322) (March 12, 2004) (Judge James S. Jr. Moody) (p None)
U.S. v. Campo, No. Crim. 02-10287-NG (D.Mass.) (307 F.Supp.2d 216) (January 15, 2004) (Judge Nancy Gertner) (p None)
U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (307 F.Supp.2d 891) (March 8, 2004) (Judge Gerald E. Rosen) (p None)

U.S. v. Isiofia, No. 03-1287 (2nd Cir.) (370 F.3d 226) (June 1, 2004) (Judge Barrington D. Jr. Parker)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists, Consent.

Here the Second Circuit affirmed the district court’s suppression of evidence based on its finding that the defendant’s consents to searches were not voluntary. In an effort to identify and arrest an individual attempting to use stolen credit card numbers, several law enforcement officers, including Secret Service agents, organized a …

U.S. v. Chin, No. 03-1621 (2nd Cir.) (371 F.3d 31) (June 2, 2004) (Judge Joseph M. McLaughlin)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists.

Between 1997 and 1999, a swindler, simultaneously impersonating both an immigration lawyer and an officer of the INS, promised Chinese immigrants work visas for their foreign relatives in exchange for cash payment. In 2001, Tin Yat Chin was arrested as the suspected swindler. Twenty-seven witnesses testified at trial, including 11 …

U.S. v. Mitchell, No. 02-2859 (3rd Cir.) (365 F.3d 215) (April 29, 2004) (Judge Edward R. Becker)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists, Fingerprint Evidence.

As the events surrounding the recent arrest and incarceration of Oregon attorney Brendon Mayfield proved, the FBI’s ability to achieve a positive match from at least some fingerprint evidence may be far more suspect than the public is led to believe. When Mayfield was arrested on May 6, 2004 by …

Yarborough v. Alvarado, No. 02-1684 (U.S. Supreme Court) (541 U.S. 652; 124 S.Ct. 2140) (June 1, 2004) (Justice Kennedy)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists, Miranda.

This case began in 1985 when 17-year old Michael Alvarado and another man tried to hijack a truck in Santa Fe Springs, Calif. The other man shot the driver to death. A month later, the police asked Alvarado’s mother to bring him in for an interview. Alvarado appeared at the …

U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of.

Here the Courtvacated a two-level sentence reduction for acceptance of responsibility and a five-level downward departure for aberrant conduct granted to a defendant who went to trial for various tax crimes, but denied his conduct was willful.

The defendant in this case was convicted at trial of conspiracy to commit …

U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions.

While departures based on the adverse economic impact defendant's incarceration may have on a community are not ruled out as a matter of law (at least prior to Guideline Amendment 651), here the facts were not unusual enough to warrant such a departure.

The defendant was convicted at trial of …

U.S. v. Al-Arian, No. 8:03-CR-77-T-30TBM (M.D.Fla.) (308 F.Supp.2d 1322) (March 12, 2004) (Judge James S. Jr. Moody)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists, Foreign Terrorist Organization (FTO).

Government indicted defendants in a 50 count indictment that included counts for: conspiracy to commit racketeering; conspiracy to commit murder, maim, or injure persons outside the United States; conspiracy to provide material support to or for the benefit of foreign terrorists; violations of the Travel Act; violation of immigration laws; …

U.S. v. Campo, No. Crim. 02-10287-NG (D.Mass.) (307 F.Supp.2d 216) (January 15, 2004) (Judge Nancy Gertner)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists.

Defendant filed a motion to sever pursuant to Fed. R. Crim. P. 14(a) the conspiracy count of his indictment from the six substantive counts of his indictment for drug trafficking.

The government claimed, inter alia, that the conspiracy charge was based only on the facts presented in the substantive counts, …

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (307 F.Supp.2d 891) (March 8, 2004) (Judge Gerald E. Rosen)

Loaded on May 1, 2004 published in Punch and Jurists May 10, 2004

Filed under: Punch And Jurists, Gag Order.

Defendants were convicted of terrorism-related activities and had filed motions for new trial and acquittal. The court entered an order precluding lawyers and parties from disseminating or commenting upon confidential, classified, or sealed information that was not of public record which related to the motion. Two defendants filed a notice …