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Punch and Jurists: August 27, 2007

Issue PDF
Volume 14, Number 34

In this issue:

  1. Jean-Pierre v. U.S. Attorney General, No. 06-13359 (11th Cir.) (500 F.3d 1315) (September 19, 2007) (Judge Stanley Marcus) (p None)
  2. U.S. v. Mayer, No. 06-50481 (9th Cir.) (490 F.3d 1129) (June 6, 2007) (Judge Cynthia Holcomb Hall) (p None)
  3. U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 537) (March 29, 2007) (Judge Nicholas G. Garaufis) (p None)
  4. U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 526) (January 29, 2007) (Judge Nicholas G. Garaufis) (p None)
  5. Mayfield v. U.S., No. 04-1427-AA (D.Or.) (504 F.Supp.2d 1023) (September 26, 2007) (Judge Ann L. Aiken) (p None)
  6. Thomas v. Baca, No. CV 04-08448 DDP (C.D.Cal.) (514 F.Supp.2d 1201) (September 20, 2007) (Judge Dean D. Pregerson) (p None)
  7. U.S. v. Kozeny, No. 05 Cr. 518(SAS) (S.D.N.Y.) (493 F.Supp.2d 693) (July 16, 2007) (Judge Shira A. Scheindlin) (p None)
  8. von Hofe v. U.S., No. 05-2969-cv (2nd Cir.) (492 F.3d 175) (June 27, 2007) (Judge Richard C. Wesley) (p None)
  9. Richey v. Bradshaw, No. 01-3477 (6th Cir.) (498 F.3d 344) (August 10, 2007) (Judge R. Guy Jr. Cole) (p None)
  10. Nichols v. U.S., No. 05-6452 (6th Cir.) (501 F.3d 542) (August 16, 2007) (Judge Karen Nelson Moore) (p None)
  11. Cornejo v. County of San Diego, No. 05-56202 (9th Cir.) (504 F.3d 893) (September 24, 2007) (Judge Pamela Ann Rymer) (p None)
  12. U.S. v. Martignon, No. 04-5649-cr (2nd Cir.) (492 F.3d 140) (June 13, 2007) (Judge Rosemary S. Pooler) (p None)

Jean-Pierre v. U.S. Attorney General, No. 06-13359 (11th Cir.) (500 F.3d 1315) (September 19, 2007) (Judge Stanley Marcus)

In this case, the Court effectively held that the immigratiion courts cannot turn a blind eye to claims of torture. The Court's opinion started as follows:

"More than fifty years ago, Justice Frankfurter wrote that, when it comes to torture, 'there comes a point where this Court should not be ...

U.S. v. Mayer, No. 06-50481 (9th Cir.) (490 F.3d 1129) (June 6, 2007) (Judge Cynthia Holcomb Hall)

This opinion charts the boundaries of police surveillance of the First Amendment and associations. An FBI agent joined the North American Man/Boy Love Association (NAMBLA) to investigate foreign sex trade. Although the initial investigation fizzled, the agent stayed with NAMBLA and eventually attended a meeting, where he befriended defendant. They ...

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 537) (March 29, 2007) (Judge Nicholas G. Garaufis)

This decision, one of 26 separate rulings issued by Judge Garaufis that relate to the death penalty that was imposed on Ronell Wilson under the Federal Death Penalty Act, contains the Court's complete sentencing statement.

U.S. v. Wilson, 483 F.Supp.2d 348 to 537 (E.D.N.Y. June 8, 2006 thru June 12, ...

U.S. v. Wilson, No. 04-CR-1016 (NGG) (E.D.N.Y.) (493 F.Supp.2d 526) (January 29, 2007) (Judge Nicholas G. Garaufis)

U.S. v. Wilson, 483 F.Supp.2d 348 to 537 (E.D.N.Y. June 8, 2006 thru June 12, 2007) (Judge Garaufis) (Docket No. 04-CR-1016 (NGG)) [26 separate rulings]

In a series of 26 separate rulings reported at 483 F.Supp.2d, pages 348 to 527, Judge Garaufis has provided a valuable compendium of the law ...

Mayfield v. U.S., No. 04-1427-AA (D.Or.) (504 F.Supp.2d 1023) (September 26, 2007) (Judge Ann L. Aiken)

In this remarkable 44-page ruling, Judge Ann Aiken held that two key provisions of the Foreign Intelligence Surveillance Act (FISA) of 1978, which were amended by the USA PATRIOT Act in 2001 - namely 50 U.S.C. §§ 1804 and 1823 - are unconstitutional because they permit Federal surveillance and searches ...

Thomas v. Baca, No. CV 04-08448 DDP (C.D.Cal.) (514 F.Supp.2d 1201) (September 20, 2007) (Judge Dean D. Pregerson)

This is an important ruling dealing with prison overcrowding that has the potential of causing significant (and expensive) and far-reaching changes in prison practices in America. It will certainly send chills down the spines of many prison administrators.

Two inmates at the Los Angeles County jail facilities filed this class ...

U.S. v. Kozeny, No. 05 Cr. 518(SAS) (S.D.N.Y.) (493 F.Supp.2d 693) (July 16, 2007) (Judge Shira A. Scheindlin)

The three defendants in this case, Viktor Kozeny, Frederic Bourke and David Pinkerton, were charged with participating in a scheme to bribe senior government officials in the Republic of Azerbaijan, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. § 78dd-1 et seq. (FCPA), in order to ensure the ...

von Hofe v. U.S., No. 05-2969-cv (2nd Cir.) (492 F.3d 175) (June 27, 2007) (Judge Richard C. Wesley)

For a summary of the holding in this case, see "Forfeiture of Wife's Share of Home Over Husband's Marijuana Is Found Excessive," by Mark Hamblett, as published in the New York Law Journal, June 29, 2007, as follows:

"A woman who insisted that she did not know her husband was ...

Richey v. Bradshaw, No. 01-3477 (6th Cir.) (498 F.3d 344) (August 10, 2007) (Judge R. Guy Jr. Cole)

Nichols v. U.S., No. 05-6452 (6th Cir.) (501 F.3d 542) (August 16, 2007) (Judge Karen Nelson Moore)

Cornejo v. County of San Diego, No. 05-56202 (9th Cir.) (504 F.3d 893) (September 24, 2007) (Judge Pamela Ann Rymer)

Despite repeated attempts, aliens are gradually losing their fight to establish any judicially enforceable rights under the Vienna Convention on Consular Relations (the “Convention”), which was ratified into law by the U.S. Senate in 1967. Article 36(1)(b) of the Convention provides that when a national of one country is detained ...

U.S. v. Martignon, No. 04-5649-cr (2nd Cir.) (492 F.3d 140) (June 13, 2007) (Judge Rosemary S. Pooler)

For a summary of the holding in this case, see "2nd Circuit Upholds Congress' Power to Pass Anti-Bootlegging Law," by Mark Hamblett, as published in the New York Law Journal, June 14, 2007:
06-14-2007

A law that criminalizes the bootlegging of live performances was a valid exercise of congressional power ...