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Punch and Jurists

Punch and Jurists: August 22, 2011

Issue PDF
Volume 18, Number 17

In this issue:

  1. Doe v. Rumsfeld, No. 1:08-CV-1902 (D.D.C.) (800 F.Supp.2d 94) (August 2, 2011) (Judge James S. Gwin) (p None)
  2. U.S. v. Janvier, No. Crim. No. 10cr10029-NG (D.Mass.) (798 F.Supp.2d 362) (July 26, 2011) (Judge Nancy Gertner) (p None)
  3. U.S. v. Oliveira, No. Crim. No. 08cr10104-NG (D.Mass.) (798 F.Supp.2d 319) (July 21, 2011) (Judge Nancy Gertner) (p None)
  4. U.S. v. Dixon, No. 10-4300 (3rd Cir.) (648 F.3d 195) (August 9, 2011) (Judge D. Michael Fisher) (p None)
  5. Vance v. Rumsfeld, No. 10-1687 (7th Cir.) (653 F.3d 591) (August 8, 2011) (Judge David F. Hamilton) (p None)
  6. U.S. v. Pittman, No. 10-2132 (7th Cir.) (642 F.3d 583) (June 15, 2011) (Judge Richard D. Cudahy) (p None)
  7. U.S. v. McCarty, No. 09-10504 (9th Cir.) (648 F.3d 820) (August 3, 2011) (Judge Michael Daly Hawkins) (p None)

Doe v. Rumsfeld, No. 1:08-CV-1902 (D.D.C.) (800 F.Supp.2d 94) (August 2, 2011) (Judge James S. Gwin)

Loaded on Aug. 8, 2011 published in Punch and Jurists August 22, 2011
Filed under: Punch And Jurists, U.S. Citizens in Iraq.

Vance v. Rumsfeld, 653 F.3d 591 (7th Cir. Aug. 8, 2011) (Judge David Hamilton)
Doe v. Rumsfeld, 800 F.Supp.2d 94 (D.D.C. Aug. 2, 2011) (Judge James Gwin)

"All power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and ...

U.S. v. Janvier, No. Crim. No. 10cr10029-NG (D.Mass.) (798 F.Supp.2d 362) (July 26, 2011) (Judge Nancy Gertner)

Loaded on Aug. 22, 2011 published in Punch and Jurists August 22, 2011
Filed under: Punch And Jurists, Anonymous 911 Call.

Here the Court granted a defendant’s motion to suppress evidence after finding that a vague and uncorroborated 911 call from an unidentified caller is not a license to the cops to seize anyone they please in a high crime area.

At about 9:00 p.m. on October 25, 2009, the Boston ...

U.S. v. Oliveira, No. Crim. No. 08cr10104-NG (D.Mass.) (798 F.Supp.2d 319) (July 21, 2011) (Judge Nancy Gertner)

Loaded on Aug. 22, 2011 published in Punch and Jurists August 22, 2011
Filed under: Punch And Jurists.

Here the Court used the principle of “imperfect entrapment” under U.S.S.G. § 5K2.12 as the principal basis for a significant downward departure for a defendant who was “unduly encouraged” to sell guns to a long-time Government informant.

ATF informant Tom Heroux is the personification of a prosecutor’s perfect wet dream. ...

U.S. v. Dixon, No. 10-4300 (3rd Cir.) (648 F.3d 195) (August 9, 2011) (Judge D. Michael Fisher)

Loaded on Aug. 22, 2011 published in Punch and Jurists August 22, 2011
Filed under: Punch And Jurists, Pre-Effective Date Crimes.

In the 07/25/11 issue of P&J, we noted that Attorney General Eric Holder had finally capitulated by agreeing that the more lenient sentencing provisions of the Fair Sentencing Act of 2010 (“FSA”) should be applied retroactively to every defendant who faced sentencing for crack cocaine offenses from and after the ...

Vance v. Rumsfeld, No. 10-1687 (7th Cir.) (653 F.3d 591) (August 8, 2011) (Judge David F. Hamilton)

Loaded on Aug. 22, 2011 published in Punch and Jurists August 22, 2011
Filed under: Punch And Jurists, U.S. Citizens in Iraq.

Here the Court held that former Secretary of Defense Rumsfeld may be sued personally for damages by two U.S. citizens who claimed they were unjustly imprisoned and tortured by the U.S. military in Iraq in violation of their constitutional rights.

Vance v. Rumsfeld, 653 F.3d 591 (7th Cir. Aug. 8, ...

U.S. v. Pittman, No. 10-2132 (7th Cir.) (642 F.3d 583) (June 15, 2011) (Judge Richard D. Cudahy)

Loaded on Aug. 22, 2011 published in Punch and Jurists August 22, 2011
Filed under: Punch And Jurists, Vindictive Prosecution.

This case is really not an “Oh Really” skit from Saturday Night Live. But it should be.

On February 10, 2009, Gerald Pittman was indicted on six counts of distribution of crack cocaine in violation of 21 U.S.C. § 841(a)(1) and one count of unlawful possession of a firearm by ...

U.S. v. McCarty, No. 09-10504 (9th Cir.) (648 F.3d 820) (August 3, 2011) (Judge Michael Daly Hawkins)

Loaded on Aug. 22, 2011 published in Punch and Jurists August 22, 2011
Filed under: Punch And Jurists, Administrative Searches.

Here the Court reversed a suppression order that was granted where the district court found that TSA agents had turned a routine airport administrative search of checked baggage for explosives into an unauthorized investigatory search for contraband.

On August 5, 2008, Simon McCarty, a United Kingdom national, was arrested at ...