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Punch and Jurists: September 6, 2004

Volume 11, Number 36

In this issue:

  1. Rasul v. Bush, No. Civ. 02-299 (CKK) (D.D.C.) (215 F.Supp.2d 55) (July 30, 2002) (Judge Coleen Kollar-Kotelly) (p None)
  2. U.S. v. Marrero, No. 04 CR. 0086(JSR) (S.D.N.Y.) (325 F.Supp.2d 453) (July 21, 2004) (Judge Jed S. Rakoff) (p None)
  3. U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (382 F.3d 453) (September 13, 2004) (Judge William W. Jr. Wilkins) (p None)
  4. Gherebi v. Bush, No. 04-CV-1164 (RBW) (D.D.C.) (338 F.Supp.2d 91) (September 29, 2004) (Judge Joyce Hens Green) (p None)
  5. Doe v. Ashcroft, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (334 F.Supp.2d 471) (September 28, 2004) (Judge Victor Marrero) (p None)
  6. Loeffler v. Menifee, No. 04 Civ. 3610(PKC) (S.D.N.Y.) (326 F.Supp.2d 454) (June 7, 2004) (Judge P. Kevin Castel) (p None)

Rasul v. Bush, No. Civ. 02-299 (CKK) (D.D.C.) (215 F.Supp.2d 55) (July 30, 2002) (Judge Coleen Kollar-Kotelly)

This decision involved the consolidated claims of two groups of persons being held by the U.S. Military at Guantanamo Bay, Cuba who were seeking release from what they labeled an "unlawful" detention. The petitioners included 12 Kuwaitis, an Australian and two Britons; and they were being held incommunicado and without ...

U.S. v. Marrero, No. 04 CR. 0086(JSR) (S.D.N.Y.) (325 F.Supp.2d 453) (July 21, 2004) (Judge Jed S. Rakoff)

After the defendant pleaded guilty to being a felon in possession of a firearm, the Probation Office prepared a presentence investigation report, which calculated the sentencing range under the federal sentencing guidelines as 24 to 30 months imprisonment. This calculation reflected, inter alia, an upward adjustment for the obliteration of ...

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (382 F.3d 453) (September 13, 2004) (Judge William W. Jr. Wilkins)

Defendant sought access to certain witnesses designated as enemy combatants which the Government refused on national security grounds. The United States District Court for the Eastern District of Virginia, at Alexandria ordered production of the witnesses for deposition, rejected the Government's proposed substitutions for the depositions; and imposing sanctions for ...

Gherebi v. Bush, No. 04-CV-1164 (RBW) (D.D.C.) (338 F.Supp.2d 91) (September 29, 2004) (Judge Joyce Hens Green)

Rasul v. Bush, No. 02-CV-0299 (D.D.C. 09/20/2004) (Judge Green)
Gherebi v. Bush, No. 04-CV-1164 (RBW) (D.D.C. 09/29/2004) (Judge Green)

There is mounting evidence that the capture and detention of most of the prisoners at the Guantanamo Bay Naval Base may have been more a public relations ploy to bolster the ...

Doe v. Ashcroft, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (334 F.Supp.2d 471) (September 28, 2004) (Judge Victor Marrero)

In this sharply worded 120-page ruling, Judge Victor Marrero struck down a key component of the USA Patriot Act as unconstitutional because it allows the FBI to demand information from telephone companies and Internet service providers without judicial oversight or public review.

The provision of the law in question, 18 ...

Loeffler v. Menifee, No. 04 Civ. 3610(PKC) (S.D.N.Y.) (326 F.Supp.2d 454) (June 7, 2004) (Judge P. Kevin Castel)

The petitioner inmate sought a writ of habeas corpus under 28 U.S.C.S. § 2241, arguing that the Bureau of Prisons (BOP) acted contrary to law in failing to place him in a community confinement center (CCC) six months prior to the expiration of his release date under 18 U.S.C.S. § ...