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Punch and Jurists: April 17, 2006

Volume 13, Number 15

In this issue:

  1. In Re: Sealed Case, No. 04-3015 (D.C. Cir.) (449 F.3d 118) (May 23, 2006) (Judge Thomas Beall Griffith) (p None)
  2. U.S. v. Torres-Rosario, No. 05-1202 (1st Cir.) (447 F.3d 61) (May 8, 2006) (Judge Michael Boudin) (p None)
  3. Silva v. U.S. Attorney General, No. 04-10351 (11th Cir.) (448 F.3d 1229) (May 5, 2006) (Judge William H. Jr. Pryor) (p None)
  4. Doe v. Gonzales, No. 05-0570-cv(L) (2nd Cir.) (449 F.3d 415) (May 23, 2006) (Per Curiam) (p None)
  5. U.S. v. Childs, No. 05-2308 (7th Cir.) (447 F.3d 541) (May 15, 2006) (Judge Terrence T. Evans) (p None)
  6. U.S. v. Bahamonde, No. 04-50618 (9th Cir.) (445 F.3d 1225) (April 25, 2006) (Judge Jr. William C. Canby) (p None)
  7. U.S. v. Desselle, No. 05-30401 (5th Cir.) (450 F.3d 179) (May 22, 2006) (Judge Edith H. Jones) (p None)
  8. Brigham City v. Stuart, No. 05-502 (U.S. Supreme Court) (547 U.S. 398; 126 S.Ct. 1943) (May 22, 2006) (Justice (John G.) Roberts) (p None)

In Re: Sealed Case, No. 04-3015 (D.C. Cir.) (449 F.3d 118) (May 23, 2006) (Judge Thomas Beall Griffith)

U.S. v. Desselle, 450 F.3d 179 (5th Cir. May 22, 2006) (Judge Jones)
In Re: Sealed Case, 449 F.3d 118 (D.C.Cir. May 23, 2006) (Judge Griffith)

Both of these cases dealt with the permissible scope of departures based on substantial assistance pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C. § ...

U.S. v. Torres-Rosario, No. 05-1202 (1st Cir.) (447 F.3d 61) (May 8, 2006) (Judge Michael Boudin)

The defendant in this drug case raised an interesting argument in support of his contention that the district court had erred in not allowing him to withdraw his guilty plea: he argued that the AUSA handling his case threatened to add two years to the sentence for each day that ...

Silva v. U.S. Attorney General, No. 04-10351 (11th Cir.) (448 F.3d 1229) (May 5, 2006) (Judge William H. Jr. Pryor)

Here a divided panel from the Eleventh Circuit denied asylum to a Colombian woman who gave admittedly credible evidence of numerous death threats against her by a Marxist paramilitary group, but who could not actually identify her potential shooters.

With decisions like this, it is no wonder that immigration law ...

Doe v. Gonzales, No. 05-0570-cv(L) (2nd Cir.) (449 F.3d 415) (May 23, 2006) (Per Curiam)

This consolidated appeal involves two important electronic privacy challenges to the government’s ability to obtain secretly enormous amounts of data by using National Security Letters (NSLs). One of the key components of the PATRIOT Act was 18 U.S.C. § 2709, which gave the Government the right to use a type ...

U.S. v. Childs, No. 05-2308 (7th Cir.) (447 F.3d 541) (May 15, 2006) (Judge Terrence T. Evans)

After his conviction at trial on multiple drug and gun charges, the defendant, Paul Childs, appealed the denial of his motion to suppress evidence and his motion for a new trial or dismissal of the indictment. As is common in drug cases, the Government’s evidence against Childs was based in ...

U.S. v. Bahamonde, No. 04-50618 (9th Cir.) (445 F.3d 1225) (April 25, 2006) (Judge Jr. William C. Canby)

Here, a divided panel from the Ninth Circuit vacated the marijuana conviction of the defendant who was prevented from calling a federal agent as a witness at trial because he failed to comply with the applicable agency regulations. Virtually all federal agencies have regulations governing the conditions under which their ...

U.S. v. Desselle, No. 05-30401 (5th Cir.) (450 F.3d 179) (May 22, 2006) (Judge Edith H. Jones)

U.S. v. Desselle, 450 F.3d 179 (5th Cir. May 22, 2006) (Judge Jones)
In Re: Sealed Case, 449 F.3d 118 (D.C.Cir. May 23, 2006) (Judge Griffith)

Both of these cases dealt with the permissible scope of departures based on substantial assistance pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C. § ...

Brigham City v. Stuart, No. 05-502 (U.S. Supreme Court) (547 U.S. 398; 126 S.Ct. 1943) (May 22, 2006) (Justice (John G.) Roberts)

This case arose out of a warrantless search of a private home in Brigham City, UT in 2000, where an unruly house party was taking place. At about 3:00 a.m. four police officers responded to a call complaining about the noise. When they arrived at the house, the police officers ...