Loaded on
July 1, 2007
published in Punch and Jurists
July 30, 2007
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 ...
Loaded on
July 1, 2007
published in Punch and Jurists
July 30, 2007
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, ...
Loaded on
July 1, 2007
published in Punch and Jurists
July 30, 2007
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 ...
Loaded on
July 1, 2007
published in Punch and Jurists
July 30, 2007
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 ...
Loaded on
July 1, 2007
published in Punch and Jurists
July 30, 2007
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 ...
Loaded on
July 1, 2007
published in Punch and Jurists
July 30, 2007
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 ...