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Punch and Jurists: October 15, 2007

Issue PDF
Volume 14, Number 42

In this issue:

  1. U.S. v. Cope, No. 06-50441 (9th Cir.) (506 F.3d 908) (November 5, 2007) (Judge Sidney R. Thomas) (p None)
  2. U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson) (p None)
  3. Al-Haramain Islamic Foundation, Inc. v. Bush, No. 06-36083 (9th Cir.) (507 F.3d 1190) (November 16, 2007) (Judge M. Margaret McKeown) (p None)
  4. U.S. v. Garcia, No. 05-30596 (9th Cir.) (497 F.3d 964) (August 10, 2007) (Judge Raymond C. Fisher) (p None)
  5. U.S. v. Acosta, No. 05-1284-cr(L) (2nd Cir.) (502 F.3d 54) (September 5, 2007) (Judge Richard C. Wesley) (p None)
  6. Doe v. Bredesen, No. 06-6393 (6th Cir.) (507 F.3d 998) (November 16, 2007) (Judge Richard Allen Griffin) (p None)
  7. U.S. v. Cooper, No. 06-6309 (10th Cir.) (498 F.3d 1156) (August 21, 2007) (Judge Paul J. Jr. Kelly) (p None)
  8. U.S. v. Taylor, No. 06-2216 (1st Cir.) (499 F.3d 94) (August 17, 2007) (Judge Juan R. Torruella) (p None)
  9. U.S. v. Morris, No. 05-4679 (7th Cir.) (498 F.3d 634) (August 20, 2007) (Judge Diane P. Wood) (p None)
  10. U.S. v. Razmilovic, No. 06-4195-cr (2nd Cir.) (507 F.3d 130) (August 27, 2007) (Judge Robert A. Katzmann) (p None)

U.S. v. Cope, No. 06-50441 (9th Cir.) (506 F.3d 908) (November 5, 2007) (Judge Sidney R. Thomas)

Here the Court held that there are significant liberty interests at stake when a court orders a defendant to undergo forced medication (such as “chemical castration”) as a special condition of supervised release in sex offense cases.

Gordon Cope was arrested in September, 2003 by the San Bernardino Sheriff's Department, ...

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson)

Here, joining with similar rulings from the Third and Ninth Circuits, the Eleventh Circuit held that, when the Government refuses to file a motion for a downward departure under U.S.S.G. § 5K1.1 in retribution for a defendant exercising his constitutional right to a jury trial, such a reason constitutes an ...

Al-Haramain Islamic Foundation, Inc. v. Bush, No. 06-36083 (9th Cir.) (507 F.3d 1190) (November 16, 2007) (Judge M. Margaret McKeown)

Here the Court held that the plaintiff was barred, under the "state secrets" privilege, from using a top secret document that the FBI had inadvertently given to its counsel in order to establish that it had suffered some "injury" to sustain its standing.

The plaintiff in this case, a Muslim ...

U.S. v. Garcia, No. 05-30596 (9th Cir.) (497 F.3d 964) (August 10, 2007) (Judge Raymond C. Fisher)

Defendants were among 13 defendants charged in a 25-count indictment with participating in a conspiracy to distribute methamphetamine obtained from various sources, both inside and outside Montana, and with related firearm offenses. On appeal, the first defendant challenge to his conviction and sentence by the United States District Court for ...

U.S. v. Acosta, No. 05-1284-cr(L) (2nd Cir.) (502 F.3d 54) (September 5, 2007) (Judge Richard C. Wesley)

For a summary of the holding in this case, see "Breach of Announce Rule Not Linked to Suppression - Circuit Finds Forced Entry No Basis for Exclusion," by Mark Hamblett, New York Law Journal, September 6, 2007, as follows:

"The exclusionary rule does not apply to a statute that empowers ...

Doe v. Bredesen, No. 06-6393 (6th Cir.) (507 F.3d 998) (November 16, 2007) (Judge Richard Allen Griffin)

Appellant John Doe pled guilty in a Tennessee state court to various crimes including two counts of sexual battery. At the time of his conviction, Doe’s sexual battery offenses were termed by Tennessee law as “sexual offenses” and he was classified as a “sexual offender.” Under the then Tennessee, Doe ...

U.S. v. Cooper, No. 06-6309 (10th Cir.) (498 F.3d 1156) (August 21, 2007) (Judge Paul J. Jr. Kelly)

In a case of first impression for the Tenth Circuit, the Court held that a general waiver of the right to appeal a “sentence” includes the right to challenge all aspects of a restitution award imposed as part of the sentence. In its ruling, the Court noted that a majority ...

U.S. v. Taylor, No. 06-2216 (1st Cir.) (499 F.3d 94) (August 17, 2007) (Judge Juan R. Torruella)

Here the Court affirmed a district court’s broad use a defendant’s “extraordinary good works” pursuant to U.S.S.G. § 5H1.11 as the justification for imposing a non-Guidelines sentence; although it then held that the size of the departure was unreasonable.

This decision is noted for its unusually broad endorsement of the ...

U.S. v. Morris, No. 05-4679 (7th Cir.) (498 F.3d 634) (August 20, 2007) (Judge Diane P. Wood)

Here the Court held that, even though the prosecutor had unquestionably engaged in prosecutorial misconduct by incorrectly suggesting that a cooperating witness would get no less than a 10 year sentence for his own crime, the error was harmless.

To use the oft-quoted words of Judge Jerome Frank (below), this ...

U.S. v. Razmilovic, No. 06-4195-cr (2nd Cir.) (507 F.3d 130) (August 27, 2007) (Judge Robert A. Katzmann)

For a summary of the holding in this case, see "Finding Mistrial Decision Premature, 2nd Circuit Bars Retrial of White-Collar Defendants," by Mark Hamblett, New York Law Journal, August 28, 2007, as follows:

"A federal judge's hair-trigger declaration of a mistrial without polling the jury means the government is now ...