Loaded on
June 14, 2010
published in Punch and Jurists
June 14, 2010
Here a divided Court reversed a conviction for failing to register as a sex offender under 18 U.S.C. § 2250, n the narrow grounds that § 2250 does not apply to sex offenders whose interstate travel occurred before SORNA's effective date.
One of the cornerstones of the many Congressional initiatives ...
Loaded on
June 14, 2010
published in Punch and Jurists
June 14, 2010
In its landmark decision in Miranda v. Arizona, 384 U.S. 496 (1966), the Supreme Court recognized that a suspect in police custody can be worn down by prolonged questioning and other interrogation tactics. It therefore created a series of safeguards designed to ensure that the right to remain silent is ...
Loaded on
June 14, 2010
published in Punch and Jurists
June 14, 2010
The instant decision by Judge Young probably is the final chapter in the judicial epic that should be entitled “The FBI’s Bulger Gang Fiasco.” Previously, three other judges from the District of Massachusetts (Judges Mark Wolf, Reginald Lindsay and Nancy Gertner) have published earlier chapters in this epic, particularly in ...
Loaded on
June 14, 2010
published in Punch and Jurists
June 14, 2010
For years, led principally by Stephen R. Sady, the brilliant and dedicated Chief Deputy Federal Public Defender from Portland, OR, Federal prisoners all across the country have argued that the Bureau of Prisons (BOP) has been miscalculating the 54 days of “good time credits” (GTCs) provided for in 18 U.S.C. ...
Loaded on
June 14, 2010
published in Punch and Jurists
June 14, 2010
For a summary of this decision see "New defeat for detainees: No fact-gathering allowed," by Lyle Denniston, as posted on SCOTUSBlog on May 28, 2010 at
http://www.scotusblog.com/2010/05/new-defeat-for-detainees/ as follows:
Reacting to a Supreme Court order to take a new look at judges’ power to control the release of detainees from ...
Loaded on
June 14, 2010
published in Punch and Jurists
June 14, 2010
Defendant's crack cocaine and firearm possession sentence is affirmed where defendant was sentenced pursuant to a Fed. R. Crim. P. 11(c)(1)(C) plea agreement and was thus ineligible for a reduction of sentence under 18 U.S.C. § 3582(c)(2).
[Editor's Note: For a commentary on this decision, see "A Main Event," by ...
Loaded on
June 14, 2010
published in Punch and Jurists
June 14, 2010
Here the Court held that the NYPD can keep confidential “Field Reports” prepared by undercover police who investigated protest groups ahead of the 2004 Republican National Convention under the law enforcement privilege.
In this unanimous decision, a panel from the Second Circuit reversed an order issued by Judge Richard Sullivan ...
Loaded on
June 14, 2010
published in Punch and Jurists
June 14, 2010
In U.S. v. Farley, 2009 U.S. Dist. LEXIS 104437(N.D.Ga. Sept. 2, 2008) (P&J, 09/08/08) (Farley I), District Judge Beverly B. Martin concluded that the 30-year mandatory minimum sentence required by 18 U.S.C. § 2241(c) was so grossly disproportionate to the defendant’s crime in the case before her as to constitute ...