Skip navigation

Punch and Jurists: July 23, 2012

Issue PDF
Volume 19, Number 15

In this issue:

  1. Patel v. City of Los Angeles, No. 08-56567 (9th Cir.) (686 F.3d 1085) (July 17, 2012) (Judge Richard R. Clifton) (p None)
  2. U.S. v. Vanderwerff, No. 12-CR-00069 (D.Colo.) (2012 u.s. Dist. LEXIS 89812) (June 28, 2012) (Judge John L. Jr. Kane) (p None)
  3. U.S. v. Prosperi, No. 10-1739 (1st Cir.) (686 F.3d 32) (July 13, 2012) (Judge Kermit A. Lipez) (p None)
  4. U.S. v. Ouedraogo, No. 1:08-cr-68 (W.D.Mich.) (837 F.Supp.2d 720) (December 21, 2011) (Judge Janet T. Neff) (p None)
  5. U.S. v. Burgess, No. 09-4584 (4th Cir.) (684 F.3d 445) (July 11, 2012) (Judge Barbara Milano Keenan) (p None)
  6. U.S. v. Olvera, No. 11-10793 (5th Cir.) (687 F.3d 645) (July 10, 2012) (Per Curiam) (p None)

Patel v. City of Los Angeles, No. 08-56567 (9th Cir.) (686 F.3d 1085) (July 17, 2012) (Judge Richard R. Clifton)

Here a divided panel held that a Los Angeles ordinance which required hotel operators to maintain certain guest registry information and to make that information available to the police without a warrant did not violate the Fourth Amendment.

The plaintiffs in this case, owners and operators of motels in the ...

U.S. v. Vanderwerff, No. 12-CR-00069 (D.Colo.) (2012 u.s. Dist. LEXIS 89812) (June 28, 2012) (Judge John L. Jr. Kane)

Here the Court rejected the terms of a proposed plea agreement in a child pornography case because it required to defendant to waive all of his rights to appellate review of the sentence that would be imposed; and it sharply criticized such waivers.

In this provocative and powerful decision, Judge ...

U.S. v. Prosperi, No. 10-1739 (1st Cir.) (686 F.3d 32) (July 13, 2012) (Judge Kermit A. Lipez)

Here the Court affirmed, as substantively reasonable, sentences of probation imposed on two white collar defendants convicted of fraud in Boston's Big Dig project despite a Guidelines’ sentencing range of 87 to 108 months.

This decision is a veritable sentencing banquet for anyone seeking support for huge below-the Guidelines sentence ...

U.S. v. Ouedraogo, No. 1:08-cr-68 (W.D.Mich.) (837 F.Supp.2d 720) (December 21, 2011) (Judge Janet T. Neff)

Here the Court granted a judgment of acquittal after finding that the Government’s case against the defendant consisted of using “smoke and mirrors” and required “unreasonable inferences” that were little more than “a stretch of pure speculation.

It takes a lot of courage for a Federal judge to accuse the ...

U.S. v. Burgess, No. 09-4584 (4th Cir.) (684 F.3d 445) (July 11, 2012) (Judge Barbara Milano Keenan)

Here the Court joined with a plurality of the Circuits and held that before a district court awards restitution to the victims of child pornography under 18 U.S.C. § 2259, it must make a finding of the damages proximately caused by the defendant.

The Mandatory Restitution for Sexual Exploitation of ...

U.S. v. Olvera, No. 11-10793 (5th Cir.) (687 F.3d 645) (July 10, 2012) (Per Curiam)

Here the Court held that a person can be convicted of child enticement under 18 U.S.C. § 2422(b) even when he never had any direct communications with the child and his sole communications were with a person he knew to be an adult.

The defendant in this case, Gustavo Olvera, ...