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Punch and Jurists: July 2, 2007

Issue PDF
Volume 14, Number 26

In this issue:

  1. U.S. v. Arnold, No. 04-5384 (6th Cir.) (434 F.3d 396) (November 23, 2005) (Per Curiam) (p None)
  2. U.S. v. Alverez-Tejeda, No. 06-30289 (9th Cir.) (491 F.3d 1013) (June 8, 2007) (Judge Alex Kozinski) (p None)
  3. Stein v. KPMG, LLP, No. 06-4358-cv (2nd Cir.) (486 F.3d 753) (May 23, 2007) (Judge Ralph K. Jr. Winter) (p None)
  4. U.S. v. Pineda-Arrellano, No. 06-41156 (5th Cir.) (492 F.3d 624) (July 17, 2007) (Judge Edith H. Jones) (p None)
  5. U.S. v. Carriles, No. EP-07-CR-00087-KC (W.D.Tex.) (486 F.Supp.2d 599) (May 8, 2007) (Judge Kathleen Cardone) (p None)
  6. U.S. v. Poynter, No. 05-6508 (6th Cir.) (495 F.3d 349) (July 26, 2007) (Judge Jeffrey S. Sutton) (p None)
  7. U.S. v. Sampson, No. 04-6001 (1st Cir.) (497 F.3d 55) (July 27, 2007) (Per Curiam) (p None)
  8. U.S. v. Frank, No. 04-20778-CR-JORDAN (S.D.Fla.) (486 F.Supp.2d 1353) (May 4, 2007) (Judge Adalberto Jose Jordan) (p None)
  9. U.S. v. Lopez-Vanegas, No. 05-15021 (11th Cir.) (493 F.3d 1305) (July 26, 2007) (Judge Donald E. Walter) (p None)
  10. U.S. v. Griffin, No. Crim. No. 05-10175-WGY (D.Mass.) (494 F.Supp.2d 1) (June 6, 2007) (Judge William G. Young) (p None)
  11. U.S. v. Arnold, No. 04-5384 (6th Cir.) (486 F.3d 177) (May 18, 2007) (Judge Jeffrey S. Sutton) (p None)

U.S. v. Arnold, No. 04-5384 (6th Cir.) (434 F.3d 396) (November 23, 2005) (Per Curiam)

U.S. v. Arnold, 410 F.3d 895 (6th Cir. 06/21/05), as amended at 434 F.3d 396 (6th Cir. 11/23/05) (Per Curiam)
U.S. v. Brun, 416 F.3d 703 (8th Cir. 08/01/05) (Judge Heaney)

In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court held that the Confrontation Clause bars the admission ...

U.S. v. Alverez-Tejeda, No. 06-30289 (9th Cir.) (491 F.3d 1013) (June 8, 2007) (Judge Alex Kozinski)

In this case, the DEA pushed the concepts of deception, trickery and chicanery to their finite extremes - and then some. Judge Kozinski described how the DEA orchestrated its elaborate ruse with these words:

“Ascension Alverez-Tejeda and his girlfriend drove up to a traffic light. As the light turned green, ...

Stein v. KPMG, LLP, No. 06-4358-cv (2nd Cir.) (486 F.3d 753) (May 23, 2007) (Judge Ralph K. Jr. Winter)

For a discussion of the ruling in this case, see "2nd Circuit: Federal Judge Lacks Authority to Hear Demands KPMG Pay Legal Fees," by Mark Hamblett, as published in the New York Law Journal, May 24, 2007:

"A federal judge lacks the power to hear claims by indicted former KPMG ...

U.S. v. Pineda-Arrellano, No. 06-41156 (5th Cir.) (492 F.3d 624) (July 17, 2007) (Judge Edith H. Jones)

For a summary of this decision, see "Panel Majority: Apprendi "No Longer . . . Legitimate Basis for Appeal" -- Concurrence: That's Dicta," as posted on the Fifth Circuit Blog at http://circuit5.blogspot.com/2007/07/panel-majority-apprendi-no-longer.html
on July, 17, 2007, as follows:

"As hundreds, if not thousands, of defendants have done before him, Pineda ...

U.S. v. Carriles, No. EP-07-CR-00087-KC (W.D.Tex.) (486 F.Supp.2d 599) (May 8, 2007) (Judge Kathleen Cardone)

The defendant in this case, Luis Posada Carriles, a 79-year old Cuban national, was indicted for making false statements in connection with his application for U.S. citizenship. He moved to suppress various statements and evidence against him on the grounds of Government deception, entrapment and manipulation of the evidence. In ...

U.S. v. Poynter, No. 05-6508 (6th Cir.) (495 F.3d 349) (July 26, 2007) (Judge Jeffrey S. Sutton)

U.S. v. Sampson, No. 04-6001 (1st Cir.) (497 F.3d 55) (July 27, 2007) (Per Curiam)

U.S. v. Frank, No. 04-20778-CR-JORDAN (S.D.Fla.) (486 F.Supp.2d 1353) (May 4, 2007) (Judge Adalberto Jose Jordan)

Kent Frank, an American citizen, was indicted for traveling to Cambodia on five occasions to engage in illicit sexual conduct in that country with various females under the age of 18. The charges were based on a violation of 18 U.S.C. § 2423(c), which is entitled “Engaging in illicit sexual ...

U.S. v. Lopez-Vanegas, No. 05-15021 (11th Cir.) (493 F.3d 1305) (July 26, 2007) (Judge Donald E. Walter)

The defendants in this case, Doris Salazar ("Salazar") and Ivan Lopez-Vanegas ("Lopez") appealed their convictions on one count each of conspiracy to possess with the intent to distribute five kilograms or more of a mixture and substance containing cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(ii), and 21 ...

U.S. v. Griffin, No. Crim. No. 05-10175-WGY (D.Mass.) (494 F.Supp.2d 1) (June 6, 2007) (Judge William G. Young)

Six days after defendant's sentencing, the United States Supreme Court decided Cunningham v. California, 127 S.Ct. 856 (2007), which affected the legal framework applicable to defendant's sentence. In light of the new controlling law, defendant's sentence appeared to constitute clear error. Accordingly, pursuant to Fed. R. Crim. P. 35(a), the ...

U.S. v. Arnold, No. 04-5384 (6th Cir.) (486 F.3d 177) (May 18, 2007) (Judge Jeffrey S. Sutton)

In U.S. v. Arnold, 434 F.3d 396 (6th Cir. Nov. 23, 2005) (“Arnold I”) (P&J, 07/25/05), the Sixth Circuit held that a tape recording of a complainant’s 911 call was not admissible under the “excited utterance” exception to the hearsay rule (see Rule 803(2) of the Fed.R.Evid.) because it lacked ...