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Punch and Jurists: February 12, 2007

Issue PDF
Volume 14, Number 6

In this issue:

  1. U.S. v. Lyons, No. 04-50082 (9th Cir.) (472 F.3d 1055) (January 11, 2007) (Judge M. Margaret McKeown) (p None)
  2. U.S. v. Kelley, No. 05-10547 (9th Cir.) (478 F.3d 1068) (March 1, 2007) (Judge Pamela Ann Rymer) (p None)
  3. U.S. v. Henry, No. 04-3076 (D.C. Cir.) (472 F.3d 910) (January 12, 2007) (Per Curiam) (p None)
  4. El-Masri v. U.S., No. 06-1667 (4th Cir.) (479 F.3d 296) (March 2, 2007) (Judge Robert Bruce King) (p None)
  5. U.S. v. Crapser, No. 05-30456 (9th Cir.) (472 F.3d 1141) (January 10, 2007) (Judge Susan P. Graber) (p None)
  6. Parker v. District of Columbia, No. 04-7041 (D.C. Cir.) (478 F.3d 370) (March 9, 2007) (Judge Laurence H. Silberman) (p None)
  7. Irons v. Carey, No. 05-15275 (9th Cir.) (479 F.3d 658) (March 6, 2007) (Judge Stephen Reinhardt) (p None)
  8. McKithen v. Brown, No. 03-0168-pr (2nd Cir.) (481 F.3d 89) (March 13, 2007) (Judge Guido Calabresi) (p None)
  9. U.S. v. Williams, No. 6:04-cr-111 (M.D.Fla.) (481 F.Supp.2d 1298) (March 1, 2007) (Judge Gregory A. Presnell) (p None)
  10. U.S. v. Frabizio, No. 03-10283-NG (D.Mass.) (463 F.Supp.2d 111) (November 22, 2006) (Judge Nancy Gertner) (p None)
  11. U.S. v. Mendez, No. 05-10205 (9th Cir.) (476 F.3d 1077) (February 23, 2007) (Judge Stephen Reinhardt) (p None)

U.S. v. Lyons, No. 04-50082 (9th Cir.) (472 F.3d 1055) (January 11, 2007) (Judge M. Margaret McKeown)

Defendants sought review of a judgment from the United States District Court for the Central District of California, which convicted them upon a jury verdict of mail fraud in violation of 18 U.S.C. § 1341 and of money laundering. Defendants also appealed their sentences.

Defendants' convictions arose from their formation ...

U.S. v. Kelley, No. 05-10547 (9th Cir.) (478 F.3d 1068) (March 1, 2007) (Judge Pamela Ann Rymer)

This is an interesting Fourth Amendment decision about whether law enforcement officials can establish probable cause sufficient to justify a search warrant based solely on the fact that a suspect has received emails containing images of child pornography. A divided panel from the Ninth Circuit concluded that the answer is ...

U.S. v. Henry, No. 04-3076 (D.C. Cir.) (472 F.3d 910) (January 12, 2007) (Per Curiam)

The Booker issue in this case concerned whether the defendants, who were sentenced to life imprisonment by applying the Guidelines in a mandatory fashion, were entitled to a Booker resentencing. The Government argued that the error was harmless beyond a reasonable doubt and thus a sentencing remand was unnecessary. The ...

El-Masri v. U.S., No. 06-1667 (4th Cir.) (479 F.3d 296) (March 2, 2007) (Judge Robert Bruce King)

Here the Court affirmed the dismissal of a civil rights suit for damages arising out of the plaintiff's allegations that he had been subjected to unlawful abduction, detention and torture because of the Government's assertion of the states secret doctrine.

Khaled El-Masri, the plaintiff in this case, is a German ...

U.S. v. Crapser, No. 05-30456 (9th Cir.) (472 F.3d 1141) (January 10, 2007) (Judge Susan P. Graber)

Admirers of one of the greatest Fourth Amendment champions still on the bench will be interested in this Ninth Circuit decision, which affirms a defendant’s conviction for being a felon in possession of a firearm. The defendant appealed, arguing that the district court erred by denying his motion to suppress ...

Parker v. District of Columbia, No. 04-7041 (D.C. Cir.) (478 F.3d 370) (March 9, 2007) (Judge Laurence H. Silberman)

Here a divided court struck down as unconstitutional various provisions of the gun control laws in the District of Columbia based on its holding that the Second Amendment confers a right on individuals to possess and bear arms.

In 2003, six residents of Washington, D.C. - Shelly Parker, Tom Palmer, ...

Irons v. Carey, No. 05-15275 (9th Cir.) (479 F.3d 658) (March 6, 2007) (Judge Stephen Reinhardt)

While neither the facts nor the outcome of his habeas case are particularly significant, its history and its undercurrents are fascinating. Nearly two years ago, in an order published at 408 F.3d 1165 (9th Cir. May 18, 2005) (“Irons I”), two of the judges on this panel issued an ominous ...

McKithen v. Brown, No. 03-0168-pr (2nd Cir.) (481 F.3d 89) (March 13, 2007) (Judge Guido Calabresi)

The central issue before the Court in this case was “whether there exists a right, grounded in the Due Process Clause of the Fifth and Fourteenth Amendments to the federal Constitution, to post-conviction DNA testing.” And, although the Second Circuit never did resolve that issue itself, it did direct Judge ...

U.S. v. Williams, No. 6:04-cr-111 (M.D.Fla.) (481 F.Supp.2d 1298) (March 1, 2007) (Judge Gregory A. Presnell)

U.S. v. Frabizio, No. 03-10283-NG (D.Mass.) (463 F.Supp.2d 111) (November 22, 2006) (Judge Nancy Gertner)

On the Government's motion for reconsideration and clarification of her earlier decision reported at 445 F.Supp.2d 152, Judge Gertner issued this Memorandum and Order, granting in part and denying in part the Government's motion.

U.S. v. Mendez, No. 05-10205 (9th Cir.) (476 F.3d 1077) (February 23, 2007) (Judge Stephen Reinhardt)

Relying principally on Muehler v. Mena, 544 U.S. 93, 100-01, 161 L. Ed. 2d 299 (2005), the same judges who wrote the panel's earlier decision in this case, reported at 467 F.3d 1162 (9th Cir. Oct. 30, 2006), now reverse that decision.

Back in October, a divided panel of the ...