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Punch and Jurists: December 24, 2007

Issue PDF
Volume 14, Number 51

In this issue:

  1. U.S. v. Spivack, No. 05-CR-98 (ERK) (JMA) (E.D.N.Y.) (528 F.Supp.2d 103) (November 29, 2007) (Judge Magistrate) (p None)
  2. Pruitt v. Mote, No. 05-1620 (7th Cir.) (503 F.3d 647) (October 3, 2007) (Judge Diane S. Sykes) (p None)
  3. Policano v. Herbert, No. 04-5518-pr (2nd Cir.) (507 F.3d 111) (September 19, 2007) (Judge Robert D. Sack) (p None)
  4. U.S. v. Conway, No. 06-4083 (6th Cir.) (513 F.3d 640) (January 23, 2008) (Judge Jeffrey S. Sutton) (p None)
  5. Parker v. District of Columbia, No. 94-7041 (D.C. Cir.) (2007 U.S. App. LEXIS 22872) (September 25, 2007) (Per Curiam) (p None)
  6. Lin v. U.S. Dept. of Justice, No. 02-4611-ag (2nd Cir.) (494 F.3d 296) (July 16, 2007) (Judge Barrington D. Jr. Parker) (p None)
  7. Warshak v. U.S., No. 1:06-cv-357 (S.D.Ohio) (2006 U.S. Dist. LEXIS 50076) (July 21, 2007) (Judge Susan J. Dlott) (p None)
  8. U.S. v. Fort, No. 06-10473 (9th Cir.) (472 F.3d 1106) (January 8, 2007) (Judge Susan P. Graber) (p None)
  9. U.S. v. Kemp, No. 97 Cr. 1162 (JFK) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 2199) (January 10, 2008) (Judge John F. Keenan) (p None)
  10. DSI Associates, LLC v. U.S., No. 05-6887-cv (2nd Cir.) (496 F.3d 175) (August 2, 2007) (Judge Robert D. Sack) (p None)
  11. Kotz v. Lappin, No. Civ. No. 07-0856 (RMU) (D.D.C.) (515 F.Supp.2d 143) (October 10, 2007) (Judge Ricardo M. Urbina) (p None)
  12. U.S. v. White, No. 05-6596 (6th Cir.) (503 F.3d 487) (October 5, 2007) (Per Curiam) (p None)
  13. Irons v. Carey, No. 05-15275 (9th Cir.) (506 F.3d 951) (November 6, 2007) (Per Curiam) (p None)
  14. U.S. v. Newson, No. 06-41115 (5th Cir.) (515 F.3d 374) (January 22, 2008) (Judge W. Eugene Davis) (p None)
  15. Munaf v. Geren, No. 06-5324 (D.C. Cir.) (482 F.3d 582) (April 6, 2007) (Judge David B. Sentelle) (p None)
  16. Ali v. Federal Bureau of Prisons, No. 06-9130 (U.S. Supreme Court) (552 U.S. 214; 128 S.Ct. 831) (January 22, 2008) (Justice Thomas) (p None)
  17. U.S. v. Ressam, No. 05-30422 (9th Cir.) (474 F.3d 597) (January 16, 2007) (Judge Pamela Ann Rymer) (p None)

U.S. v. Spivack, No. 05-CR-98 (ERK) (JMA) (E.D.N.Y.) (528 F.Supp.2d 103) (November 29, 2007) (Judge Magistrate)

Here Magistrate Judge Joan Azrack denied the defendant's motion to compel disclosure of the mirror image of the computer hard drive seized from the defendant's computer and generally rejected a series of constitutional challenges to 18 U.S.C. § 3509(m), which restricts access to evidence in certain child pornography cases.

For ...

Pruitt v. Mote, No. 05-1620 (7th Cir.) (503 F.3d 647) (October 3, 2007) (Judge Diane S. Sykes)

The opening paragraphs of this en banc decision explain why the Court reversed the prior panel's decision reported at Pruitt v. Mote, 472 F.3d 484 (Dec. 28, 2006) :

"Benjamin Pruitt, an inmate at the Pontiac Correctional Center in Illinois, filed a lawsuit under 42 U.S.C. § 1983 alleging he ...

Policano v. Herbert, No. 04-5518-pr (2nd Cir.) (507 F.3d 111) (September 19, 2007) (Judge Robert D. Sack)

For a summary of this ruling, see "A Strange End to a Bizarre Habeas Appeal," by Robert Loblaw, as posted in the Decision of the Day Blog on September 19th, 2007, as follows:

"In my early days of blogging, I came across this stunning Second Circuit decision, in which the ...

U.S. v. Conway, No. 06-4083 (6th Cir.) (513 F.3d 640) (January 23, 2008) (Judge Jeffrey S. Sutton)

Here the Court rejected a Sixth Amendment challenge to the use of conduct underlying dismissed counts as the basis for a sentence enhancement, concluding that there are significant differences between dismissed counts and acquitted conduct.

From the outset, one of the most contentious concepts contained in the Federal Sentencing Guidelines ...

Parker v. District of Columbia, No. 94-7041 (D.C. Cir.) (2007 U.S. App. LEXIS 22872) (September 25, 2007) (Per Curiam)

For a commentary on this order, see "Judges evaluate an argument on gun access," by Lyle Denniston, as posted on the SCOTUSBlog on September 28, 2007
[at http://www.scotusblog.com/movabletype/archives/2007/09/judges_doubt_ar.html] as follows:

"In a highly unusual order, two judges of the D.C. Circuit Court appeared to have narrowed a major gun control ...

Lin v. U.S. Dept. of Justice, No. 02-4611-ag (2nd Cir.) (494 F.3d 296) (July 16, 2007) (Judge Barrington D. Jr. Parker)

For a commentary on this decision, see "Deference? Schmeference," by Robert Loblaw as posted on the Decision of the Day Blog on July 16, 2007 as follows:

"There’s plenty ambiguity and confusion in immigration law, but one thing is clear: women who have been forced to undergo abortions or sterilization ...

Warshak v. U.S., No. 1:06-cv-357 (S.D.Ohio) (2006 U.S. Dist. LEXIS 50076) (July 21, 2007) (Judge Susan J. Dlott)

U.S. v. Fort, No. 06-10473 (9th Cir.) (472 F.3d 1106) (January 8, 2007) (Judge Susan P. Graber)

The Government sought interlocutory review of an order from the United States District Court for the Northern District of California, which ruled that police reports created by city police officers prior to the federal prosecution of defendants did not qualify for the discovery exception under Fed. R. Crim. P. 16(a)(2) ...

U.S. v. Kemp, No. 97 Cr. 1162 (JFK) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 2199) (January 10, 2008) (Judge John F. Keenan)

The defendant in this case, Danny Kemp, was convicted in 1999 of various counts of wire fraud arising out of a scheme to obtain bank loans through the negotiation of fraudulent U.S. Treasury bonds. For reasons that are not explained (although it is likely that he cooperated with the Government ...

DSI Associates, LLC v. U.S., No. 05-6887-cv (2nd Cir.) (496 F.3d 175) (August 2, 2007) (Judge Robert D. Sack)

For a summary of this case, see "Panel Affirms Trial Judge's Ruling on Criminal Forfeiture," by Beth Bar, as published in the New York Law Journal, August 6, 2007, as follows:

A Southern District judge "acted within [his] discretion" in denying a Connecticut company's motion to intervene to contest a ...

Kotz v. Lappin, No. Civ. No. 07-0856 (RMU) (D.D.C.) (515 F.Supp.2d 143) (October 10, 2007) (Judge Ricardo M. Urbina)

This case is noted for its review of certain aspects of the Residential Drug Abuse Program (RDAP) that is administered by the Bureau of Prisons (BOP) under 18 U.S.C. § 3621(e). The RDAP is a special substance abuse treatment program that allows inmates who successfully complete the program to receive ...

U.S. v. White, No. 05-6596 (6th Cir.) (503 F.3d 487) (October 5, 2007) (Per Curiam)

Irons v. Carey, No. 05-15275 (9th Cir.) (506 F.3d 951) (November 6, 2007) (Per Curiam)

Order denying rehearing en banc of the Court's decision in Irons v. Carey, 505 F.3d 846 (9th Cir. July 13, 2007), over a strong dissent by Judge Kleinfeld (and joined by Judge Bea).

U.S. v. Newson, No. 06-41115 (5th Cir.) (515 F.3d 374) (January 22, 2008) (Judge W. Eugene Davis)

Here the Court approved the prosecutors' decision to refuse to move for an additional point of acceptance-of-responsibility credit under U.S.S.G. § 3E1.1(b) simply because the defendant refused to agree to waive his right to appeal.

In a decision that is woefully short of logic, the Fifth Circuit not only significantly ...

Munaf v. Geren, No. 06-5324 (D.C. Cir.) (482 F.3d 582) (April 6, 2007) (Judge David B. Sentelle)

Appellant, an American citizen, traveled to Iraq in 2005. In October 2006 he was convicted on kidnapping charges and sentenced to death by the Central Criminal Court of Iraq (CCCI). He was being held, in Iraq, by United States military personnel serving as part of the Multi-National Force-Iraq (MNF-I). The ...

Ali v. Federal Bureau of Prisons, No. 06-9130 (U.S. Supreme Court) (552 U.S. 214; 128 S.Ct. 831) (January 22, 2008) (Justice Thomas)

Resolving a Circuit split, the Court held, by a 5-to-4 vote, that held that employees of the BOP are immune from lawsuits under the FTCA for mishandling personal property of inmates due to the exemption contained in 28 USC § 2680(c).

The Federal Tort Claims Act, 28 U.S.C. §§ 1346 ...

U.S. v. Ressam, No. 05-30422 (9th Cir.) (474 F.3d 597) (January 16, 2007) (Judge Pamela Ann Rymer)

Defendant sought review of a decision of the U.S. District Court for the Western District of Washington, which convicted him of nine counts of criminal activity connected to a terrorist plot to detonate explosives at an airport in the days before the new Millenium. He challenged his conviction for carrying ...