Skip navigation

Punch and Jurists: December 10, 2012

Issue PDF
Volume 19, Number 25

In this issue:

  1. U.S. v. Bellaizac-Hurtado, No. 11-14049 (11th Cir.) (700 F.3d 1245) (November 6, 2012) (Judge William H. Jr. Pryor) (p None)
  2. U.S. v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir.) ( F.3d ) (November 28, 2012) (Judge N. Randy Smith) (p None)
  3. U.S. v. Day, No. 11-5218 (4th Cir.) (700 F.3d 713) (November 29, 2012) (Judge J. Harvie III Wilkinson) (p None)
  4. U.S. v. Chaika, No. 11-3355 (8th Cir.) (695 F.3d 741) (October 1, 2012) (Judge James B. Loken) (p None)
  5. Kachalsky v. County of Westchester, No. 11-3642 (Lead) (2nd Cir.) (701 F.3d 81) (November 27, 2012) (Judge Richard C. Wesley) (p None)
  6. U.S. v. Wolfe, No. 11-3281 (7th Cir.) (701 F.3d 1206) (December 5, 2012) (Judge William J. Bauer) (p None)
  7. Akeem v. U.S., No. 10 CV 4498(RJD) (E.D.N.Y.) (854 F.Supp.2d 289) (February 22, 2012) (Judge Raymond J. Dearie) (p None)

U.S. v. Bellaizac-Hurtado, No. 11-14049 (11th Cir.) (700 F.3d 1245) (November 6, 2012) (Judge William H. Jr. Pryor)

During a routine patrol of Panamanian waters in 2010, the U.S. Coast Guard observed a wooden fishing vessel operating without lights and without a flag. The Coast Guard informed the Panamanian Navy of the vessel; and it immediately began to pursue the vessel until its occupants abandoned the vessel and ...

U.S. v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir.) ( F.3d ) (November 28, 2012) (Judge N. Randy Smith)

This is an exceptionally strong Terry frisk decision (see Terry v. Ohio, 392 U.S. 1 (1968)), the import and reach of which is made all the more powerful because of the apocalyptic dissent from Judge Kozinski in which he wrote: “Two words best describe the majority opinion: ‘wrong’ and ‘dangerous’.” ...

U.S. v. Day, No. 11-5218 (4th Cir.) (700 F.3d 713) (November 29, 2012) (Judge J. Harvie III Wilkinson)

U.S. v. Day, 700 F.3d 713 (4th Cir. Nov. 29, 2012) (Judge Harvie Wilkinson)
U.S. v. Wolfe, 701 F.3d 1206 (7th Cir. Dec. 5, 2012) (Judge William Bauer)

Both of these cases raise an interesting question that arose out of the Supreme Court’s recent decision in Southern Union Co. v. ...

U.S. v. Chaika, No. 11-3355 (8th Cir.) (695 F.3d 741) (October 1, 2012) (Judge James B. Loken)

Even hardened criminal defense attorneys would probably be astonished at how quickly and pliantly Judge Richard Kyle of the D.Minn. jumped on the prosecutors’ bandwagon in this case and granted the huge restitution order they requested (demanded?) - even though the process chosen reeked worse than a pigsty.

Troy Chaika ...

Kachalsky v. County of Westchester, No. 11-3642 (Lead) (2nd Cir.) (701 F.3d 81) (November 27, 2012) (Judge Richard C. Wesley)

In the aftermath of the Supreme Court’s seminal ruling in District of Columbia v. Heller, 554 U.S. 570 (2008), proponents of broad Second Amendment rights immediately began a nationwide assault on federal, state and local laws that restricted or limited in any way the right of citizens to possess and ...

U.S. v. Wolfe, No. 11-3281 (7th Cir.) (701 F.3d 1206) (December 5, 2012) (Judge William J. Bauer)

U.S. v. Day, 700 F.3d 713 (4th Cir. Nov. 29, 2012) (Judge Harvie Wilkinson)
U.S. v. Wolfe, 701 F.3d 1206 (7th Cir. Dec. 5, 2012) (Judge William Bauer)

Both of these cases raise an interesting question that arose out of the Supreme Court’s recent decision in Southern Union Co. v. ...

Akeem v. U.S., No. 10 CV 4498(RJD) (E.D.N.Y.) (854 F.Supp.2d 289) (February 22, 2012) (Judge Raymond J. Dearie)

Everyone knows that many Federal forfeiture proceedings are a farce, but this one really takes the cake. Olushola Akeem, a citizen of Nigeria, was arrested in February, 2008 at JFK Airport after he presented a counterfeit passport to an officer of the U.S. Customs and Border Protection (“CBP”). Initially, Akeem ...