Punch and Jurists: July 13, 2009

Volume 16, Number 27

In this issue:

U.S. v. Thielemann, No. 08-2335 (3rd Cir.) (575 F.3d 265) (August 3, 2009) (Judge Leonard I. Garth) (p None)
Coleman v. Schwarzenegger, No. Civ. S-90-0520 LKK JFM (E.D.Cal.) (922 F.Supp.2d 882) (August 4, 2009) (Judge Stephen Reinhardt) (p None)
In Re: Sealed Case, No. 08-3029 (D.C. Cir.) (573 F.3d 844) (July 28, 2009) (Judge David S. Tatel) (p None)
U.S. v. Bundy, No. Crim. No. 95-CR-46 (RCL) (D.D.C.) (613 F.Supp.2d 35) (May 8, 2009) (Judge Royce C. Lamberth) (p None)
Simmons v. Galvin, No. 08-1569 (1st Cir.) (575 F.3d 24) (July 31, 2009) (Judge Sandra L. Lynch) (p None)
U.S. v. White, No. 08-CR-851 (N.D.Ill.) (638 F.Supp.2d 935) (July 20, 2009) (Judge Lynn S. Adelman) (p None)
Basardh v. Obama, No. Civ. No. 05-889 (ESH) (D.D.C.) (612 F.Supp.2d 30) (April 15, 2009) (Judge Ellen Segal Huvelle) (p None)

U.S. v. Thielemann, No. 08-2335 (3rd Cir.) (575 F.3d 265) (August 3, 2009) (Judge Leonard I. Garth)

Loaded on July 1, 2009 published in Punch and Jurists July 13, 2009

Filed under: First Amendment, Punch And Jurists.

Here the Court upheld two broad special conditions of supervised release in a child pornography case, one banning access to the Internet for ten years and the other banning the possession or viewing of any “sexually explicit materials”.

This is another in the nearly daily stream of cases that struggle ...

Coleman v. Schwarzenegger, No. Civ. S-90-0520 LKK JFM (E.D.Cal.) (922 F.Supp.2d 882) (August 4, 2009) (Judge Stephen Reinhardt)

Loaded on July 1, 2009 published in Punch and Jurists July 13, 2009

Filed under: Punch And Jurists, Reduction of Prison Population.

Finding the California prison system was in a "state of emergency" and unable to provide constitutionally inadequate health care to its inmates, a special three-judge panel ordered the State to reduce its population by 40,000 inmates within two years.

In a decision reminiscent of some of the most memorable court ...

In Re: Sealed Case, No. 08-3029 (D.C. Cir.) (573 F.3d 844) (July 28, 2009) (Judge David S. Tatel)

Loaded on July 1, 2009 published in Punch and Jurists July 13, 2009

Filed under: Punch And Jurists.

In this case, a divided panel from the D.C. Circuit held that Federal judges cannot use a greater likelihood of rehabilitation to justify a longer prison sentence for a criminal defendant. In so ruling, the Court recognized a split among circuit courts on that issue.

The defendant in this case, ...

U.S. v. Bundy, No. Crim. No. 95-CR-46 (RCL) (D.D.C.) (613 F.Supp.2d 35) (May 8, 2009) (Judge Royce C. Lamberth)

Loaded on July 1, 2009 published in Punch and Jurists July 13, 2009

Filed under: Punch And Jurists, Eligibility Under § 3582(c)(2).

This is another in the recent flood of cases by defendants convicted of crack-cocaine crimes who are seeking a resentencing based on Guideline Amendments 706 and 711 (which lowered, retroactively, the applicable Guidelines’ sentences for crack cocaine offenses) (the “Crack Amendments”); and this decision points to yet another highly-technical limitation ...

Simmons v. Galvin, No. 08-1569 (1st Cir.) (575 F.3d 24) (July 31, 2009) (Judge Sandra L. Lynch)

Loaded on July 1, 2009 published in Punch and Jurists July 13, 2009

Filed under: Punch And Jurists, Incarcerated Felons.

In this case, a divided panel from the First Circuit upheld the validity of an amendment to the Massachusetts state constitution (herein “Article 120") that was approved by the voters in 2000 and which disqualified incarcerated felons in that state from voting in certain elections. Several felons in state custody ...

U.S. v. White, No. 08-CR-851 (N.D.Ill.) (638 F.Supp.2d 935) (July 20, 2009) (Judge Lynn S. Adelman)

Loaded on July 1, 2009 published in Punch and Jurists July 13, 2009

Filed under: Punch And Jurists, Protected Speech.

Because freedom of speech is the last bastion of protection against a tyrannical Government, it is one of our most precious rights. And precisely for that reason, despicable people often abuse that right in egregious ways - knowing that they might get away with their abuse. Thus, while protecting the ...

Basardh v. Obama, No. Civ. No. 05-889 (ESH) (D.D.C.) (612 F.Supp.2d 30) (April 15, 2009) (Judge Ellen Segal Huvelle)

Loaded on July 1, 2009 published in Punch and Jurists July 13, 2009

Filed under: Punch And Jurists, Authorization for the Use of Military Force (AUMF).

In our last issue, we noted Judge Ellen Huvelle’s order in a different Guantanamo Bay detainee case which barred the Government from using any confessions and statements given by Saki Bacha (a.k.a. Mohammed Jawad) on the ground that they were all the products of torture. See Bacha v. Obama, No. ...