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Punch and Jurists: May 10, 2004

Volume 11, Number 19

In this issue:

  1. 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)
  2. U.S. v. Campo, No. Crim. 02-10287-NG (D.Mass.) (307 F.Supp.2d 216) (January 15, 2004) (Judge Nancy Gertner) (p None)
  3. 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)
  4. U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian) (p None)
  5. U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard) (p None)
  6. 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)
  7. U.S. v. Mitchell, No. 02-2859 (3rd Cir.) (365 F.3d 215) (April 29, 2004) (Judge Edward R. Becker) (p None)
  8. U.S. v. Chin, No. 03-1621 (2nd Cir.) (371 F.3d 31) (June 2, 2004) (Judge Joseph M. McLaughlin) (p None)
  9. 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. Koubriti, No. 01-CR-80778 (E.D.Mich.) (307 F.Supp.2d 891) (March 8, 2004) (Judge Gerald E. Rosen)

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 ...

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

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. 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)

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

The defendant was convicted at trial of conspiracy to commit bank fraud and mail and wire fraud; and his Guideline sentencing range was 24 to 30 months. At sentencing, the district court departed downward, and sentenced the defendant to three years of probation, with no prison sentence, based on three ...

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

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 ...

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

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

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 ...

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

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

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 ...