Skip navigation

Punch and Jurists: November 26, 2007

Issue PDF
Volume 14, Number 47

In this issue:

  1. U.S. v. Watkins, No. 05-4551 (6th Cir.) (509 F.3d 277) (December 14, 2007) (Judge Ronald Lee Gilman) (p None)
  2. U.S. v. Pauley, No. 07-4270 (4th Cir.) (511 F.3d 468) (December 28, 2007) (Judge Clyde H. Hamilton) (p None)
  3. Casey v. City of Federal Heights, No. 06-1426 (10th Cir.) (509 F.3d 1278) (December 10, 2007) (Judge Michael W. McConnell) (p None)
  4. Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (503 F.3d 137) (October 3, 2007) (Judge Douglas Ginsburg) (p None)
  5. U.S. v. Mayer, No. 06-50481 (9th Cir.) (503 F.3d 740) (June 6, 2007) (Judge Cynthia Holcomb Hall) (p None)
  6. U.S. v. Colonna, No. 06-5237 (4th Cir.) (511 F.3d 431) (December 20, 2007) (Judge Roger L. Gregory) (p None)
  7. U.S. v. Canty, No. 06-1376 (7th Cir.) (499 F.3d 729) (August 28, 2007) (Judge Diane P. Wood) (p None)
  8. U.S. v. Betts, No. 06-50205 (9th Cir.) (511 F.3d 872) (December 14, 2007) (Judge Andrew J. Kleinfeld) (p None)
  9. U.S. v. Christman, No. 06-3266 (6th Cir.) (509 F.3d 299) (November 20, 2007) (Judge Richard Allen Griffin) (p None)
  10. U.S. v. Hirliman, No. 05-3677-cr(L) (2nd Cir.) (503 F.3d 212) (September 27, 2007) (Judge Ralph K. Jr. Winter) (p None)

U.S. v. Watkins, No. 05-4551 (6th Cir.) (509 F.3d 277) (December 14, 2007) (Judge Ronald Lee Gilman)

In this case, the Sixth Circuit rejected the defendant’s contention that his sentence of 1,772 months (147 years) was constitutionally invalid under the Eighth Amendment as cruel and unusual punishment. The defendant, Gary Watkins, a first time offender, was convicted of participating in a string of six bank robberies during ...

U.S. v. Pauley, No. 07-4270 (4th Cir.) (511 F.3d 468) (December 28, 2007) (Judge Clyde H. Hamilton)

Here the Court upheld a substantial downward departure in a child pornography case, after concluding that the sentence was both reasonable (under the new appellate review standards) and properly premised on the factors set forth in 18 U.S.C. § 3553(a).

This is an important decision because it contains the first ...

Casey v. City of Federal Heights, No. 06-1426 (10th Cir.) (509 F.3d 1278) (December 10, 2007) (Judge Michael W. McConnell)

The growing and indiscriminate use of Taser guns by law enforcement officials is becoming a national disgrace; but, in this case, the Tenth Circuit finally did something to stop the trigger-happy police.

Edward Casey went to a municipal courthouse in Colorado to contest a traffic ticket. After losing his case, ...

Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (503 F.3d 137) (October 3, 2007) (Judge Douglas Ginsburg)

Here the Court held that the Government must provide the Court and defense counsel with virtually all of its information regarding the detainees being held at Guantanamo Bay who are challenging their detention under the Detainee Treatment Act.

In a significant setback to the Bush Administration’s policies regarding the detention ...

U.S. v. Mayer, No. 06-50481 (9th Cir.) (503 F.3d 740) (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. Colonna, No. 06-5237 (4th Cir.) (511 F.3d 431) (December 20, 2007) (Judge Roger L. Gregory)

Here the Court reversed a district court’s denial of a suppression order in a case where 24 armed FBI agents raided the defendant’s home and interrogated him for some three hours in an FBI car without ever advising him of his Miranda rights.

This case is a perfect example of ...

U.S. v. Canty, No. 06-1376 (7th Cir.) (499 F.3d 729) (August 28, 2007) (Judge Diane P. Wood)

Anthony Canty was caught with guns, drugs, and counterfeit money in his apartment; and he was tried for counterfeiting money in violation of 18 U.S.C. § 471, as well as for numerous drug and gun charges. After Canty was convicted on all charges and sentenced to 360 months' imprisonment, he ...

U.S. v. Betts, No. 06-50205 (9th Cir.) (511 F.3d 872) (December 14, 2007) (Judge Andrew J. Kleinfeld)

Marcus Betts worked for TransUnion LLC, one of the three major credit reporting agencies. He was charged with conspiring with his codefendants to take bribes from people who wanted to improve their credit scores. Ultimately, Betts pled guilty to a charge of conspiracy under 18 U.S.C., and he was sentenced ...

U.S. v. Christman, No. 06-3266 (6th Cir.) (509 F.3d 299) (November 20, 2007) (Judge Richard Allen Griffin)

This is an interesting decision that highlights what Judge Boggs referred to in his dissent as a “genuine conundrum” - namely what can - or should - be done when a sentencing judge acknowledges - long after a sentence has been imposed - that a sentence was based on a ...

U.S. v. Hirliman, No. 05-3677-cr(L) (2nd Cir.) (503 F.3d 212) (September 27, 2007) (Judge Ralph K. Jr. Winter)

For a summary of this decision, see "2nd Circuit Removes Judge From Case for Repeated Refusal to Document Sentence Grid Departure," by Mark Hamblett, as published in the New York Law Journal, on Sept. 26, 2007, as follows:

"A federal appeals court has sharply criticized a judge for repeatedly ignoring ...