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Punch and Jurists: July 30, 2007

Issue PDF
Volume 14, Number 30

In this issue:

  1. U.S. v. Burns, No. 04-2901 (8th Cir.) (500 F.3d 756) (August 27, 2007) (Judge Roger L. Wollman) (p None)
  2. U.S. v. Warner, No. 06-3517 (7th Cir.) (498 F.3d 666) (August 21, 2007) (Judge Diane P. Wood) (p None)
  3. Zhong v. U.S. Dept. of Justice, No. 02-4882-ag (2nd Cir.) (489 F.3d 126) (May 31, 2007) (Per Curiam) (p None)
  4. U.S. v. Yida, No. 06-10460 (9th Cir.) (498 F.3d 945) (August 16, 2007) (Judge Ronald M. Gould) (p None)
  5. Blake v. Carbone, No. 05-2988-ag(L) (2nd Cir.) (489 F.3d 88) (June 1, 2007) (Judge Richard C. Wesley) (p None)
  6. In Re: Grand Jury, No. 06-3078 (D.C. Cir.) (490 F.3d 978) (June 22, 2007) (Per Curiam) (p None)

U.S. v. Burns, No. 04-2901 (8th Cir.) (500 F.3d 756) (August 27, 2007) (Judge Roger L. Wollman)

This case involves a Government appeal from a sentence imposed by Judge Bennett (N.D.Iowa), one of the most meticulous of sentencing judges, in which he rejected the Government’s recommendation for a 15 percent departure from a 360 month sentence under U.S.S.G. § 5K1.1, and instead granted a 60 percent sentence ...

U.S. v. Warner, No. 06-3517 (7th Cir.) (498 F.3d 666) (August 21, 2007) (Judge Diane P. Wood)

One can easily predict the outcome of this case simply by reading the majority’s opening statement:

“This appeal comes to us after an investigation that lasted for years and a jury trial that lasted more than six months. In the end, the two defendants, former Illinois Governor George H. Ryan, ...

Zhong v. U.S. Dept. of Justice, No. 02-4882-ag (2nd Cir.) (489 F.3d 126) (May 31, 2007) (Per Curiam)

In his dissent in this case, Judge Jacobs described the central issue of this case as follows:

"A court may review a final order of removal only if . . . the alien has exhausted all administrative remedies available to the alien as of right . . . ." 8 ...

U.S. v. Yida, No. 06-10460 (9th Cir.) (498 F.3d 945) (August 16, 2007) (Judge Ronald M. Gould)

This is an interesting case that emphasizes a defendant’s rights to have a jury hear live testimony from a witness in order to observe his demeanor. The key issue in this case was whether a defendant could preclude the Government from introducing into evidence the prior testimony of a critical ...

Blake v. Carbone, No. 05-2988-ag(L) (2nd Cir.) (489 F.3d 88) (June 1, 2007) (Judge Richard C. Wesley)

Petitions for review of orders holding deportees ineligible for relief under former section 212(c) of the Immigration and Nationality Act because their aggravated felony ground of deportation lacked a counterpart ground of exclusion are granted as, under the equal protection principle enunciated in Francis v. INS, 532 F.2d 268 (2d ...

In Re: Grand Jury, No. 06-3078 (D.C. Cir.) (490 F.3d 978) (June 22, 2007) (Per Curiam)

This in an important decision regarding the secrecy of grand jury proceedings. As everyone knows, defense attorneys are barred from grand jury proceedings; and grand jurors are instructed not to discuss the investigation. (See, e.g., Fed.R.Crim.P. 6(e)(2)(B)) In addition, under Rule 6(e)(3)(E), Government attorneys now keep the transcripts and tapes ...