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Punch and Jurists: September 6, 2010

Issue PDF
Volume 17, Number 18

In this issue:

  1. U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (751 F.Supp.2d 502) (May 10, 2010) (Judge Lewis A. Kaplan) (p None)
  2. U.S. v. Burden, No. 03-1727-cr-LEAD (2nd Cir.) (600 F.3d 204) (March 31, 2010) (Judge John R. Gibson) (p None)
  3. U.S. v. Menendez, No. 08-2761-cr (2nd Cir.) (600 F.3d 263) (March 29, 2010) (Judge Roger J. Miner) (p None)
  4. U.S. v. Lanham, No. 09-5094 (6th Cir.) (617 F.3d 873) (August 24, 2010) (Judge Damon J. Keith) (p None)
  5. U.S. v. White, No. 09-2916 (7th Cir.) (610 F.3d 956) (June 28, 2010) (Per Curiam) (p None)
  6. Thomas v. Bryant, No. 09-11658 (11th Cir.) (614 F.3d 1288) (August 20, 2010) (Judge R. Lanier III Anderson) (p None)
  7. U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (617 F.3d 1120) (August 12, 2010) (Per Curiam) (p None)
  8. U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (743 F.Supp.2d 242) (August 17, 2010) (Judge Lewis A. Kaplan) (p None)
  9. U.S. v. Graham, No. 09-6013 (4th Cir.) (608 F.3d 164) (June 16, 2010) (Judge Diana Gribbon Motz) (p None)
  10. U.S. v. Friel, No. Crim. No. 06-25-P-H (D.Me.) (699 F.Supp.2d 328) (March 29, 2010) (Judge D. Brock Hornby) (p None)
  11. Al-Bihani v. Obama, No. 09-5051 (D.C. Cir.) (619 F.3d 1) (August 31, 2010) (Per Curiam) (p None)

U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (751 F.Supp.2d 502) (May 10, 2010) (Judge Lewis A. Kaplan)

Ahmed Ghailani is one of the alleged terrorists who was charged with the bombing the U.S. Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania in 1998 and which led to the deaths of some 224 people. Although Ghailani was indicted for those crimes in 1998, he was not arrested ...

U.S. v. Burden, No. 03-1727-cr-LEAD (2nd Cir.) (600 F.3d 204) (March 31, 2010) (Judge John R. Gibson)

Defendants' convictions under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Violent Crimes in Aid of Racketeering statute (VCAR) are affirmed where: 1) sufficient evidence existed to support the jury's finding that the defendants' organization constituted an enterprise for RICO purposes; 2) there was sufficient evidence that the ...

U.S. v. Menendez, No. 08-2761-cr (2nd Cir.) (600 F.3d 263) (March 29, 2010) (Judge Roger J. Miner)

Defendant's drug conspiracy sentence is affirmed where 1) the district court did not err in calculating the base offense level for defendant’s conviction in Count Two, conspiracy to launder money, by considering the amount of narcotics involved in his conviction for Count One, conspiracy to distribute heroin; and 2) the ...

U.S. v. Lanham, No. 09-5094 (6th Cir.) (617 F.3d 873) (August 24, 2010) (Judge Damon J. Keith)

Here the Court rejected an appeal by two particularly depraved prison guards who were convicted of conspiring to deprive a young teenager of his civil rights after deloiberately placing him in a known dangerous prison cell where he was raped.

This appeal arose out of the conviction of two prison ...

U.S. v. White, No. 09-2916 (7th Cir.) (610 F.3d 956) (June 28, 2010) (Per Curiam)

In U.S. v. White, 638 F.Supp.2d 935 (E.D.Wisc. July 20, 2009) (“White I”) (P&J, 07/13/09), Judge Lynn Adelman dismissed a Federal indictment against William White, a white supremacist, who the Government had charged with violating 18 U.S.C. § 373 by openly soliciting readers of his now-defunct website, overthrow.com., to do ...

Thomas v. Bryant, No. 09-11658 (11th Cir.) (614 F.3d 1288) (August 20, 2010) (Judge R. Lanier III Anderson)

The Court’s opening sentences in this case vividly describe another instance of senseless, outrageous and condoned prison brutality in modern-day America: “This appeal presents important questions concerning the intersection of the Eighth Amendment and the incarceration of inmates with serious mental illness. Ten inmates incarcerated at Florida State Prison (“FSP”) ...

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (617 F.3d 1120) (August 12, 2010) (Per Curiam)

Here, over the strong dissent of five judges, the Ninth Circuit declined to grant a rehearing en banc of a controversial decision which held that the police may secretly place a GPS device on a person's car in his driveway without a warrant.

The growing use of GPS tracking devices ...

U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (743 F.Supp.2d 242) (August 17, 2010) (Judge Lewis A. Kaplan)

Here the Court ordered a hearing to determine whether testimony from a key Government witness should be suppressed on the grounds that the witness’ identity was revealed by the defendant during coercive interrogations by the CIA.

We have reported several times on various aspects of the Government’s forthcoming trial of ...

U.S. v. Graham, No. 09-6013 (4th Cir.) (608 F.3d 164) (June 16, 2010) (Judge Diana Gribbon Motz)

This lengthy decision addressed, as a matter of first impression, the provisions of 28 U.S.C. § 2513, a statute that lays out the requirements for obtaining a “Certificate of Innocence,” which is the statutory prerequisite for suing the Government in the Court of Federal Claims for damages for unjust conviction ...

U.S. v. Friel, No. Crim. No. 06-25-P-H (D.Me.) (699 F.Supp.2d 328) (March 29, 2010) (Judge D. Brock Hornby)

We have to applaud defendant Dennis Friel for his brave and highly imaginative efforts to amend his conditions of supervised release in this case. He was convicted in 2006 of possession with intent to distribute marijuana; and he was sentenced to 48 months in prison, followed by two years of ...

Al-Bihani v. Obama, No. 09-5051 (D.C. Cir.) (619 F.3d 1) (August 31, 2010) (Per Curiam)

Here the Court declined to grant a rehearing en banc of an earlier controversial decision which denied habeas relief to a Guantanamo detainee, but 7 of the 9 judges carefully limited the scope ot the earlier ruling on the President's war powers.

In Al-Bihani v. Obama, 590 F.3d 866 (D.C. ...