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Punch and Jurists: July 31, 2006

Volume 13, Number 30

In this issue:

  1. U.S. v. Carty, No. 05-10200 (9th Cir.) (465 F.3d 976) (August 25, 2006) (Judge Mary M. Schroeder) (p None)
  2. In Re Mikhel, No. 06-73376 (9th Cir.) (453 F.3d 1137) (July 7, 2006) (Per Curiam) (p None)
  3. U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski) (p None)
  4. Dickson v. Quarterman, No. 05-70032 (5th Cir.) (462 F.3d 470) (August 24, 2006) (Judge Emilio M. Garza) (p None)
  5. U.S. v. Cull, No. 05-CR-329 (E.D.Wisc.) (446 F.Supp.2d 961) (August 30, 2006) (Judge Lynn S. Adelman) (p None)
  6. U.S. v. $124,700 in U.S. Currency, No. 05-3295 (8th Cir.) (458 F.3d 822) (August 18, 2006) (Judge Steven M. Colloton) (p None)
  7. Jones v. Brown, No. 03-3823 (3rd Cir.) (461 F.3d 353) (August 24, 2006) (Judge Walter K. Stapleton) (p None)
  8. Qassim v. Bush, No. 05-5477 (D.C. Cir.) (466 F.3d 1073) (August 14, 2006) (Per Curiam) (p None)
  9. Boxer X v. Harris, No. 04-13083 (11th Cir.) (459 F.3d 1114) (August 9, 2006) (Per Curiam) (p None)
  10. U.S. v. Rodriguez-Felix, No. 05-2142 (10th Cir.) (450 F.3d 1117) (June 2, 2006) (Judge Timothy M. Tymkovich) (p None)
  11. U.S. v. Brownlee, No. 04-4134 (3rd Cir.) (454 F.3d 131) (July 18, 1996) (Judge Thomas L. Ambro) (p None)

U.S. v. Carty, No. 05-10200 (9th Cir.) (465 F.3d 976) (August 25, 2006) (Judge Mary M. Schroeder)

U.S. v. Carty, 453 F.3d 1214 (9th Cir. Aug. 25, 2006) (Judge Schroeder)
U.S. v. Zavala, 443 F.3d 1165 (9th Cir. Aug. 25, 2006) (Judge Schroeder)

In vacating, pending a rehearing en banc, two decisions previously reported at U.S. v. Carty, 453 U.S. 1214 (9th Cir. July 17, 2006) and ...

In Re Mikhel, No. 06-73376 (9th Cir.) (453 F.3d 1137) (July 7, 2006) (Per Curiam)

Petitioner, the United States, sought a writ a mandamus ordering the United States District Court for the Central District of California to permit certain crime victims to observe in its entirety the murder trial in which they will testify, pursuant to the Crime Victims' Rights Act, 18 U.S.C.S. § 3771. ...

U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski)

Here, on remand from the Suipreme Court, the Court held that a federal statute criminalizing the possession of homemade machine guns manufactured intrastate was not an unlawful extension of Congress's commerce powers.

Dickson v. Quarterman, No. 05-70032 (5th Cir.) (462 F.3d 470) (August 24, 2006) (Judge Emilio M. Garza)

Here the Court first rejected a habeas petition based on a Brady violation (that the trial court said was sufficiently serious to warrant a new trial) - and then gave a long sermon telling prosecutors how important it is to comply with Brady.

It is certainly not surprising to see ...

U.S. v. Cull, No. 05-CR-329 (E.D.Wisc.) (446 F.Supp.2d 961) (August 30, 2006) (Judge Lynn S. Adelman)

In this sentencing memorandum, Judge Adelman issued a candid and perceptive analysis of some of the games being played by the appellate courts as they impose sharp limitations on judicial discretion in the wake of Booker.

The defendant in this case pled guilty to conspiracy to distribute marijuana. His sentencing ...

U.S. v. $124,700 in U.S. Currency, No. 05-3295 (8th Cir.) (458 F.3d 822) (August 18, 2006) (Judge Steven M. Colloton)

This decision highlights the reality that some courts will go to great lengths to sustain the seizure of a sizeable sum of money - especially in cases involving non-English speaking immigrants who the Government alleges were involved in the drug trade.

In this case, a sharply divided panel from the ...

Jones v. Brown, No. 03-3823 (3rd Cir.) (461 F.3d 353) (August 24, 2006) (Judge Walter K. Stapleton)

Here the Third Circuit held that inchoate concerns by prison officials about the risk of biological contamination in mail addressed to inmates was not sufficient to overcome the inmates’ constitutional right to unimpeded communications with their lawyers. The Court concluded that, notwithstanding the state’s argument that the anthrax scare in ...

Qassim v. Bush, No. 05-5477 (D.C. Cir.) (466 F.3d 1073) (August 14, 2006) (Per Curiam)

Back in 2001, in an effort to show the American people that its Government was being aggressive in the newly-announced War on terrorism, the Government began offering bounties of $5,000 or more for detainees captured in Afghanistan. (See, “Close Guantanamo Now”, a Boston-Globe Editorial, February 10, 2006.) Such bounties, of ...

Boxer X v. Harris, No. 04-13083 (11th Cir.) (459 F.3d 1114) (August 9, 2006) (Per Curiam)

In this case, a Georgia prison inmate alleged that Angela Harris, a prison guard, forced him to masturbate in front of her. When he refused, she would refuse to serve him food and would file false disciplinary complaints against him. When the inmate sued, here is what a panel from ...

U.S. v. Rodriguez-Felix, No. 05-2142 (10th Cir.) (450 F.3d 1117) (June 2, 2006) (Judge Timothy M. Tymkovich)

U.S. v. Rodriguez-Felix, 450 F.3d 1117 (10th Cir. June 2, 2006) (Judge Tymkovich)
U.S. v. Brownlee, 454 F.3d 131 (3rd Cir. July 18, 2006) (Judge Ambro)

Both of these cases add a great deal of insight, and lots of valuable resources, to the question of when and under what circumstances ...

U.S. v. Brownlee, No. 04-4134 (3rd Cir.) (454 F.3d 131) (July 18, 1996) (Judge Thomas L. Ambro)

U.S. v. Rodriguez-Felix, 450 F.3d 1117 (10th Cir. June 2, 2006) (Judge Tymkovich)
U.S. v. Brownlee, 454 F.3d 131 (3rd Cir. July 18, 2006) (Judge Ambro)

Both of these cases add a great deal of insight, and lots of valuable resources, to the question of when and under what circumstances ...