Punch and Jurists: October 29, 2012

Volume 19, Number 22

In this issue:

National Rifle Association v. B.A.T.F., No. 11-10959 (5th Cir.) (700 F.3d 184) (October 25, 2012) (Judge Edward C. Prado) (p None)
U.S. v. Rangel, No. 11-50062 (9th Cir.) (697 F.3d 795) (October 15, 2012) (Judge Richard R. Clifton) (p None)
U.S. v. Quinn, No. 12-2260 (7th Cir.) (698 F.3d 651) (October 18, 2012) (Judge Frank H. Easterbrook) (p None)
Hamdan v, U.S., No. 11-1257 (D.C. Cir.) (696 F.3d 1238) (October 16, 2012) (Judge Brett M. Kavanaugh) (p None)
Doe v. Nebraska, No. 8:09CV456 (D.Neb.) (898 F.Supp.2d 1086) (October 17, 2012) (Judge Richard G. Kopf) (p None)
U.S. v. Lara, No. 11-3850 (8th Cir.) (690 F.3d 1079) (August 31, 2012) (Judge William Duane Benton) (p None)
Young v. Conway, No. 11-830-pr (2nd Cir.) (698 F.3d 69) (October 16, 2012) (Judge Barrington D. Jr. Parker) (p None)

National Rifle Association v. B.A.T.F., No. 11-10959 (5th Cir.) (700 F.3d 184) (October 25, 2012) (Judge Edward C. Prado)

Loaded on Oct. 29, 2012 published in Punch and Jurists October 29, 2012

Filed under: Punch And Jurists.

In a major defeat for the National Rifle Association (“NRA”), a panel from the conservative Fifth Circuit unanimously held that the United States may ban Federally licensed dealers from selling handguns to people under the age of 21.

The NRA and several individual plaintiffs who were between the ages of ...

U.S. v. Rangel, No. 11-50062 (9th Cir.) (697 F.3d 795) (October 15, 2012) (Judge Richard R. Clifton)

Loaded on Oct. 29, 2012 published in Punch and Jurists October 29, 2012

Filed under: Punch And Jurists, Poverty of the Defendant.

This amended decision raises (but virtually ignores) lots of interesting questions about whether the district court imposed a significantly higher sentence on the defendant because he could not pay any restitution to the victims of his massive Ponzi scheme.

Defendant Juan Rangel pled guilty, pursuant to a written plea agreement, ...

U.S. v. Quinn, No. 12-2260 (7th Cir.) (698 F.3d 651) (October 18, 2012) (Judge Frank H. Easterbrook)

Loaded on Oct. 29, 2012 published in Punch and Jurists October 29, 2012

Filed under: Punch And Jurists, Lifetime Supervision.

The defendant in this case, Nicolai Quinn, pled guilty to possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). He was sentenced to 97 months' imprisonment and a lifetime term of supervised release. While Quinn’s plea agreement contained a promise not to appeal his conviction or the length of ...

Hamdan v, U.S., No. 11-1257 (D.C. Cir.) (696 F.3d 1238) (October 16, 2012) (Judge Brett M. Kavanaugh)

Loaded on Oct. 29, 2012 published in Punch and Jurists October 29, 2012

Filed under: Retroactivity, Punch And Jurists.

In a major setback for the military tribunals at Guantanamo Bay, the D.C. Circuit has thrown out the terrorism conviction of a former high-profile detainee, Salim Hamdan, a Yemeni who served as Osama bin Laden’s driver and bodyguard. It was the second important Federal court ruling involving Hamdan: in its ...

Doe v. Nebraska, No. 8:09CV456 (D.Neb.) (898 F.Supp.2d 1086) (October 17, 2012) (Judge Richard G. Kopf)

Loaded on Oct. 29, 2012 published in Punch and Jurists October 29, 2012

Filed under: Punch And Jurists.

Here the Court held that various provisions of a Nebraska state law that criminalize the use of social networking sites by persons convicted of various sex offense crimes are facially unconstitutional under the First Amendment.

Judge Knopf started his decision in this case with these memorable words:

“Earlier I paraphrased ...

U.S. v. Lara, No. 11-3850 (8th Cir.) (690 F.3d 1079) (August 31, 2012) (Judge William Duane Benton)

Loaded on Oct. 29, 2012 published in Punch and Jurists October 29, 2012

Filed under: Punch And Jurists, Uncharged Criminal Conduct.

This case is a good example of the Government’s etch-a-sketch approach to plea agreements. Here, the defendant, Jesus Lara, pled guilty, pursuant to a written plea agreement, to the distribution of not less than 35 grams of methamphetamine, The plea agreement further contained the following express statement: “Pursuant to U.S.S.G. ...

Young v. Conway, No. 11-830-pr (2nd Cir.) (698 F.3d 69) (October 16, 2012) (Judge Barrington D. Jr. Parker)

Loaded on Dec. 1, 2012 published in Punch and Jurists October 29, 2012

Filed under: Punch And Jurists.

In this habeas case, the State of New York appealed from a decision by a Magistrate Judge in the W.D.N.Y. granting the petitioner, Rudolph Young, a writ of habeas corpus, vacating his convictions for robbery and burglary arising out of a home invasion in Brighton, NY that took place in ...