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Punch and Jurists: May 17, 2010

Issue PDF
Volume 17, Number 10

In this issue:

  1. U.S. v. Culver, No. 07-14708 (11th Cir.) (598 F.3d 740) (March 2, 2010) (Judge Joel F. Dubina) (p None)
  2. U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (604 F.3d 84) (May 11, 2010) (Judge Barrington D. Jr. Parker) (p None)
  3. Hayden v. Patterson, No. 04-3886-pr (2nd Cir.) (594 F.3d 150) (January 28, 2010) (Judge Chester J. Straub) (p None)
  4. U.S. v. Phaknikone, No. 09-10084 (11th Cir.) (605 F.3d 1099) (May 10, 2010) (Judge William H. Jr. Pryor) (p None)
  5. Hui v. Castaneda, No. 08-1529 (U.S. Supreme Court) (559 U.S. 799; 130 S.Ct. 1845) (May 3, 2010) (Justice Sotomayor) (p None)
  6. Renico v. Lett, No. 09-338 (U.S. Supreme Court) (559 U.S. 766; 130 S.Ct. 1855) (May 3, 2010) (Justice (John G.) Roberts) (p None)
  7. U.S. v. Corner, No. 08-1033 (7th Cir.) (598 F.3d 411) (March 17, 2010) (Judge Frank H. Easterbrook) (p None)

U.S. v. Culver, No. 07-14708 (11th Cir.) (598 F.3d 740) (March 2, 2010) (Judge Joel F. Dubina)

U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (604 F.3d 84) (May 11, 2010) (Judge Barrington D. Jr. Parker)

Here, in a decision that sharply criticized the validity of many of the enhancements U.S.S.G. § 2G2.2, the Court vacated, as substantively unreasonable, a 240-month sentence imposed in a child porn case, calling it "manifestly unjust".

This is an important child pornography sentencing case that adds a lot of fuel …

Hayden v. Patterson, No. 04-3886-pr (2nd Cir.) (594 F.3d 150) (January 28, 2010) (Judge Chester J. Straub)

In a Due Process and Equal Protection Clause challenge to New York's felon disenfranchisement laws, judgment on the pleadings for defendants is affirmed where: 1) plaintiffs' amended complaint failed to allege any facts as to discriminatory intent behind the legislature's adoption of the state constitutional provision at issue; and 2) …

U.S. v. Phaknikone, No. 09-10084 (11th Cir.) (605 F.3d 1099) (May 10, 2010) (Judge William H. Jr. Pryor)

In many ways, this is an amazing case about the conduct of criminal trials in modern-day Georgia. First of all, the defendant, one Souksakhone Phaknikone, was convicted on 15 counts of participating in a string of armed bank robberies in Georgia - and he received a sentence of 2,005 months …

Hui v. Castaneda, No. 08-1529 (U.S. Supreme Court) (559 U.S. 799; 130 S.Ct. 1845) (May 3, 2010) (Justice Sotomayor)

Here the Court held that, based on the plain language of 42 U.S.C. § 233(a), employees of the Public Health Service cannot be sued personally for damages in a Bivens lawsuit, even when they are grossly negligent in treating immigrant detainees.

At first blush, this decision appears to involve the …

Renico v. Lett, No. 09-338 (U.S. Supreme Court) (559 U.S. 766; 130 S.Ct. 1855) (May 3, 2010) (Justice (John G.) Roberts)

In theory, this case was about a double jeopardy issue - namely whether the defendant’s retrial on murder charges violated his double jeopardy rights under the U.S. Constitution because the state trial judge’s quick and sua sponte termination of the first trial was made without a finding of “manifest necessity” …

U.S. v. Corner, No. 08-1033 (7th Cir.) (598 F.3d 411) (March 17, 2010) (Judge Frank H. Easterbrook)