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Punch and Jurists: December 7, 2009

Issue PDF
Volume 16, Number 47

In this issue:

  1. U.S. v. Bell, No. 08-5506-cr (2nd Cir.) (584 F.3d 478) (October 20, 2009) (Per Curiam) (p None)
  2. U.S. v. Shim, No. 08-1834-cr (2nd Cir.) (584 F.3d 394) (October 1, 2009) (Per Curiam) (p None)
  3. U.S. v. McCallum, No. 08-0322-cr (2nd Cir.) (584 F.3d 471) (October 19, 2009) (Judge Barrington D. Jr. Parker) (p None)
  4. U.S. v. Slough, No. Crim. No. 08-0360 (RMU) (D.D.C.) (677 F.Supp.2d 112) (December 31, 2009) (Judge Ricardo M. Urbina) (p None)
  5. Bryan v. McPherson, No. 08-55622 (9th Cir.) (590 F.3d 767) (December 28, 2009) (Judge Kim McLane Wardlaw) (p None)
  6. U.S. v. Bunkley, No. 4:08-CR-08-002 (CDL) (M.D.Ga.) (2009 WL 5031373) (December 14, 2009) (Judge Clay D. Land) (p None)
  7. U.S. v. Aguilar, No. 08-4640-cr (2nd Cir.) (585 F.3d 652) (November 5, 2009) (Judge Reena Raggi) (p None)
  8. U.S. v. Williams, No. 08-5151-cr (2nd Cir.) (585 F.3d 703) (October 27, 2009) (Judge Joseph M. McLaughlin) (p None)

U.S. v. Bell, No. 08-5506-cr (2nd Cir.) (584 F.3d 478) (October 20, 2009) (Per Curiam)

In the government's appeal from the district court's order granting a new trial in an attempted murder prosecution, the order is reversed where the district court erred in ordering a new trial because: 1) the district court's jury instructions on intentional conduct were legally correct and did not constitute plain ...

U.S. v. Shim, No. 08-1834-cr (2nd Cir.) (584 F.3d 394) (October 1, 2009) (Per Curiam)

Defendant's conviction for conspiring to transport women in interstate and foreign commerce for the purpose of prostitution in violation of 18 U.S.C. § 2421 (one of the provisions of the Mann Act) is reversed where the district court erred in failing to instruct the jury that defendant had to know ...

U.S. v. McCallum, No. 08-0322-cr (2nd Cir.) (584 F.3d 471) (October 19, 2009) (Judge Barrington D. Jr. Parker)

Defendant's drug distribution convictions are affirmed where the district court abused its discretion in admitting as similar acts evidence two of his prior narcotics convictions, but the error was harmless.

[Editor's Note: For a commentary on this decision, see "Drug Abuse," by Steve Statsinger, as posted on the Second Circuit ...

U.S. v. Slough, No. Crim. No. 08-0360 (RMU) (D.D.C.) (677 F.Supp.2d 112) (December 31, 2009) (Judge Ricardo M. Urbina)

Here the Court dismissed all charges against five Blackwater guards who had been charged with manslaughter and other crimes arising out of the massacre of 17 civilians in Iraq due to the use of immunized statements to build the prosecution's case.

In this ruling, Judge Ricardo Urbina dismissed all charges ...

Bryan v. McPherson, No. 08-55622 (9th Cir.) (590 F.3d 767) (December 28, 2009) (Judge Kim McLane Wardlaw)

This decision represents one of the most comprehensive analyses that we have seen to date of the standards that should apply to the growing indiscriminate and reckless uses of Taser guns by police, prison guards and other law enforcement officials; and it should help set long-overdue standards governing the use ...

U.S. v. Bunkley, No. 4:08-CR-08-002 (CDL) (M.D.Ga.) (2009 WL 5031373) (December 14, 2009) (Judge Clay D. Land)

Here the court issued a devastating indictment of the U.S. Attorney’s Office in Georgia for making "sweetheart plea deals" with drug dealers on order to further its "relentless pursuit" of a prominent criminal defense attorney.

This is a ruling in which District Judge Clay D. Land emphatically rejected as far ...

U.S. v. Aguilar, No. 08-4640-cr (2nd Cir.) (585 F.3d 652) (November 5, 2009) (Judge Reena Raggi)

Defendant's drug-related murder conviction is affirmed where there was sufficient evidence demonstrating that defendant induced his drug associates to participate in the victim's murder through promises to forgive drug-related debts and to engage in future drug transactions.

[Editor's Note: For a commentary on this decision, see "The Things We Do ...

U.S. v. Williams, No. 08-5151-cr (2nd Cir.) (585 F.3d 703) (October 27, 2009) (Judge Joseph M. McLaughlin)

Defendant's firearm possession conviction is vacated where the district court erred by admitting evidence that defendant had been in an apartment from which weapons and drugs were later recovered.

[Editor's Note: For some commentaries on this decision, see:

• "Second Circuit Reverses Two Cases Because of Improper Admission of Propensity ...