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Punch and Jurists: August 6, 2012

Issue PDF
Volume 19, Number 16

In this issue:

  1. U.S. v. Zaleski, No. 11-660-cr (L) (2nd Cir.) (686 F.3d 90) (July 13, 2012) (Judge Raymond J. Jr. Lohier) (p None)
  2. Blackmon v. Garza, No. 11-40316 (5th Cir.) (484 Fed.Appx. 866) (July 30, 2012) (Per Curiam) (p None)
  3. McGarry v. Pallito, No. 10-669-pr (2nd Cir.) (687 F.3d 505) (August 3, 2012) (Judge Barrington D. Jr. Parker) (p None)
  4. U.S. v. Youngs, No. 10-4501-cr (2nd Cir.) (687 F.3d 56) (July 23, 2012) (Judge Christopher F. Droney) (p None)
  5. Latif v. Holder, No. 11-35407 (9th Cir.) (686 F.3d 1122) (July 26, 2012) (Judge Richard C. Tallman) (p None)
  6. U.S. v. Ferro, No. 10-55734 (9th Cir.) (681 F.3d 1105) (June 11, 2012) (Judge Carlos T. Bea) (p None)

U.S. v. Zaleski, No. 11-660-cr (L) (2nd Cir.) (686 F.3d 90) (July 13, 2012) (Judge Raymond J. Jr. Lohier)

The defendant in this case, Alan Zaleski, owned and kept at his home in Berlin, CT, a large cache of firearms, ammunition and explosives. Although most of those weapons were lawfully owned, a “small fraction” were determined to be illegal. After the local police discovered the cache, they arrested Zaleski ...

Blackmon v. Garza, No. 11-40316 (5th Cir.) (484 Fed.Appx. 866) (July 30, 2012) (Per Curiam)

In an extremely wary decision that the panel specifically directed should not be published or treated as precedential, a panel from the Fifth Circuit held that “allowing a prisoner to be exposed to extreme temperatures can constitute a violation of the Eighth Amendment.”

That ruling came in a civil rights ...

McGarry v. Pallito, No. 10-669-pr (2nd Cir.) (687 F.3d 505) (August 3, 2012) (Judge Barrington D. Jr. Parker)

In a decision that is likely to send daggers of concern to prison officials and stir the imagination of pretrial detainees all across the country, the Second Circuit has reinstated a civil rights lawsuit brought by a pretrial detainee who claimed that prison officials at the Chittenden Regional Correction Facility ...

U.S. v. Youngs, No. 10-4501-cr (2nd Cir.) (687 F.3d 56) (July 23, 2012) (Judge Christopher F. Droney)

Mark Allen Youngs pled guilty pursuant to a plea agreement to a two-count indictment charging him with producing and possessing child pornography. At his plea hearing, the district court reviewed in detail the plea agreement with Youngs and the various rights set forth in Rule 11. As a part of ...

Latif v. Holder, No. 11-35407 (9th Cir.) (686 F.3d 1122) (July 26, 2012) (Judge Richard C. Tallman)

Here the Court held that the district courts have original jurisdiction over claims of U.S. citizens that the Government failed to afford them an adequate opportunity to contest their inclusion on its massive No-Fly List.

In Ibrahim v. Dept. of Homeland Security, 669 F.3d 983 (9th Cir. Feb. 8, 2012) ...

U.S. v. Ferro, No. 10-55734 (9th Cir.) (681 F.3d 1105) (June 11, 2012) (Judge Carlos T. Bea)

Here the Court addressed “the largest civil in rem forfeiture proceeding against firearms unlawfully possessed by a convicted felon in American history”; and presented a current analysis of the law on excessive fines under CAFRA.

This case involved the seizure of 1,679 firearms from a felon’s home in what the ...