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Punch and Jurists: June 14, 2010

Issue PDF
Volume 17, Number 12

In this issue:

  1. Carr v. U.S., No. 08-1301 (U.S. Supreme Court) (560 U.S. 438; 130 S.Ct. 2229) (June 1, 2010) (Justice Sotomayor) (p None)
  2. Berghuis v. Thompkins, No. 08-1470 (U.S. Supreme Court) (560 U.S. 370; 130 S.Ct. 2250) (June 1, 2010) (Justice Kennedy) (p None)
  3. Litif v. U.S., No. Civ. No. 02-11791-WGY (D.Mass.) (682 F.Supp.2d 60) (January 29, 2010) (Judge William G. Young) (p None)
  4. Barber v. Thomas, No. 09-5201 (U.S. Supreme Court) (560 U.S. 474; 130 S.Ct. 2499) (June 7, 2010) (Justice Breyer) (p None)
  5. Kiyemba v. Obama, No. 08-5424 (D.C. Cir.) (605 F.3d 1046) (May 28, 2010) (Per Curiam) (p None)
  6. U.S. v. Green, No. 08-5426-cr (2nd Cir.) (595 F.3d 432) (February 17, 2010) (Judge Amalya Lyle Kearse) (p None)
  7. In Re The City of New York, No. 10-0237-op (2nd Cir.) (607 F.3d 923) (June 9, 2010) (Judge Jose A. Cabranes) (p None)
  8. U.S. v. Brenton-Farley, No. 08-15882 (11th Cir.) (607 F.3d 1294) (June 2, 2010) (Judge Edward E. Carnes) (p None)

Carr v. U.S., No. 08-1301 (U.S. Supreme Court) (560 U.S. 438; 130 S.Ct. 2229) (June 1, 2010) (Justice Sotomayor)

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 ...

Berghuis v. Thompkins, No. 08-1470 (U.S. Supreme Court) (560 U.S. 370; 130 S.Ct. 2250) (June 1, 2010) (Justice Kennedy)

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 ...

Litif v. U.S., No. Civ. No. 02-11791-WGY (D.Mass.) (682 F.Supp.2d 60) (January 29, 2010) (Judge William G. Young)

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 ...

Barber v. Thomas, No. 09-5201 (U.S. Supreme Court) (560 U.S. 474; 130 S.Ct. 2499) (June 7, 2010) (Justice Breyer)

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. ...

Kiyemba v. Obama, No. 08-5424 (D.C. Cir.) (605 F.3d 1046) (May 28, 2010) (Per Curiam)

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 ...

U.S. v. Green, No. 08-5426-cr (2nd Cir.) (595 F.3d 432) (February 17, 2010) (Judge Amalya Lyle Kearse)

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 ...

In Re The City of New York, No. 10-0237-op (2nd Cir.) (607 F.3d 923) (June 9, 2010) (Judge Jose A. Cabranes)

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 ...

U.S. v. Brenton-Farley, No. 08-15882 (11th Cir.) (607 F.3d 1294) (June 2, 2010) (Judge Edward E. Carnes)

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 ...