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Punch and Jurists: April 19, 2010

Issue PDF
Volume 17, Number 8

In this issue:

  1. U.S. v. Polouizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (687 F.Supp.2d 133) (January 20, 2010) (Judge Jack B. Weinstein) (p None)
  2. U.S. v. Russell, No. 08-3120 (D.C. Cir.) (600 F.3d 631) (April 2, 2010) (Judge Stephen F. Williams) (p None)
  3. Lopez v. Terrell, No. 09 Civ. 8148 (RJH) (S.D.N.Y.) (697 F.Supp.2d 549) (March 26, 2010) (Judge Richard J. Holwell) (p None)
  4. U.S. v. Stephens, No. CR09-3037-MWB (N.D.Iowa) (669 F.Supp.2d 960) (November 17, 2009) (Judge Mark W. Bennett) (p None)
  5. U.S. v. Baker, No. 6:08-CR-99 (E.D.Tex.) (672 F.Supp.2d 771) (December 7, 2009) (Judge Leonard Davis) (p None)
  6. Appleby v. Warden, Northern Regional Jail, No. 07-7613 (4th Cir.) (595 F.3d 532) (February 19, 2010) (Judge G. Steven Agee) (p None)
  7. Serra v. Lappin, No. 08-15969 (9th Cir.) (600 F.3d 1191) (April 9, 2010) (Judge Richard R. Clifton) (p None)
  8. U.S. v. Polouizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (697 F.Supp.2d 381) (March 23, 2010) (Judge Jack B. Weinstein) (p None)
  9. U.S. v. Vasquez, No. 09-cr-259 (JG) (E.D.N.Y.) (2010 WL 1257359) (March 30, 2010) (Judge John Gleeson) (p None)
  10. U.S. v. Carta, No. 09-1949 (1st Cir.) (592 F.3d 34) (January 15, 2010) (Judge Michael Boudin) (p None)

U.S. v. Polouizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (687 F.Supp.2d 133) (January 20, 2010) (Judge Jack B. Weinstein)

Following the conviction of Peter Polouizzi (who is sometimes also referred to as Peter Polizzi) on eleven counts of possession of child pornography and twelve counts of receipt of child pornography, Judge Jack B. Weinstein (E.D.N.Y.) granted the defendant's motion for new trial on the receipt charges (see U.S. v. ...

U.S. v. Russell, No. 08-3120 (D.C. Cir.) (600 F.3d 631) (April 2, 2010) (Judge Stephen F. Williams)

The courts continue to debate where to draw the line when seeking to limit sex offenders‘ access to the Internet. In U.S. v. Dove, 343 Fed.Appx. 428, 2009 WL 2606878 (11th Cir. Aug. 24, 2009), the Eleventh Circuit became the first Circuit Court to uphold, as reasonable, an unrestricted lifetime ...

Lopez v. Terrell, No. 09 Civ. 8148 (RJH) (S.D.N.Y.) (697 F.Supp.2d 549) (March 26, 2010) (Judge Richard J. Holwell)

Here Judge Holwell held that prisoners sentenced pursuant to U.S.S.G. § 5G1.3(b) are entitled to good conduct time (GCT) credit for all time served in state custody and federal pre-trial custody. While the computations of state and federal GCT credits are often completely different, this ruling, if not reversed on ...

U.S. v. Stephens, No. CR09-3037-MWB (N.D.Iowa) (669 F.Supp.2d 960) (November 17, 2009) (Judge Mark W. Bennett)



[Editor's Note: In U.S. v. Stephens, 594 F.3d 1033 (8th Cir. Feb 17, 2010) (Docket No. 09-3706), the Eighth Circuit held that the provision of Adam Walsh Act mandating electronic monitoring and curfew was not facially unconstitutional.].

U.S. v. Baker, No. 6:08-CR-99 (E.D.Tex.) (672 F.Supp.2d 771) (December 7, 2009) (Judge Leonard Davis)

This case is noted for its thorough discussion of 18 USC § 2259, which governs restitution for offenses involving the sexual exploitation of children; and of 18 USC 2255, which governs civil remedies for victims of sexual exploitation.

Kerry Scott Baker is one sick dude. He was arrested for producing ...

Appleby v. Warden, Northern Regional Jail, No. 07-7613 (4th Cir.) (595 F.3d 532) (February 19, 2010) (Judge G. Steven Agee)

In Padilla v. Kentucky, No. 08-651, 559 U.S. ___, 2010 WL 1222274 (Mar. 31, 2010) (P&J, 04/05/10), the Supreme Court issued an important ruling in which it held for the first time that the failure of an attorney to advise a defendant of the clear and explicit consequences of a ...

Serra v. Lappin, No. 08-15969 (9th Cir.) (600 F.3d 1191) (April 9, 2010) (Judge Richard R. Clifton)

In this case, the Ninth Circuit rejected a claim filed on behalf of current and former federal prisoners who alleged that the low wages they were paid for work performed in prison violated their rights under the Fifth Amendment and various sources of international law. The panel affirmed the dismissal ...

U.S. v. Polouizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (697 F.Supp.2d 381) (March 23, 2010) (Judge Jack B. Weinstein)

Over the course of the past few years, the Government, Judge Weinstein and the Second Circuit have engaged in a protracted battle over the convictions and sentencing of Peter Polouizzi (who is also sometimes referred to as Peter Polizzi). Some of those battles have been recounted in a number of ...

U.S. v. Vasquez, No. 09-cr-259 (JG) (E.D.N.Y.) (2010 WL 1257359) (March 30, 2010) (Judge John Gleeson)

Here Judge Gleeson bluntly laid bare some of the many evils of mandatory minimum sentences, particularly when used against low-level street drug-dealers for no apparent reason other than to pad the resumes of the prosecutors.

Reading Judge Gleeson’s Statement of Reasons for Sentence in this case, it is clear that ...

U.S. v. Carta, No. 09-1949 (1st Cir.) (592 F.3d 34) (January 15, 2010) (Judge Michael Boudin)

Here the First Circuit reversed District Judge Tauro’s prior ruling that the Government had failed to establish, by clear and convincing evidence, that the defendant was a “sexually dangerous person” who should be civilly committed.

In U.S. v. Carta, 620 F.Supp.2d 210 (D.Mass. June 4, 2009) (Carta I) (P&J, 08/10/09), ...