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Punch and Jurists: December 24, 2012

Issue PDF
Volume 19, Number 26

In this issue:

  1. U.S. v. Duval, No. 11-20594 (E.D.Mich.) (865 F.Supp.2d 803) (March 30, 2012) (Judge David M. Lawson) (p None)
  2. U.S. v. Trujillo-Castillon, No. 11-2646 (7th Cir.) (692 F.3d 575) (August 14, 2012) (Judge Ann Claire Williams) (p None)
  3. U.S. v. Craig, No. 12-1262 (7th Cir.) (703 F.3d 1001) (December 18, 2012) (Per Curiam) (p None)
  4. Smith v. Bank of America Corp., No. 11-CV-6368 (E.D.N.Y.) (865 F.Supp.2d 298) (May 18, 2012) (Judge Jack B. Weinstein) (p None)
  5. U.S. v. Duenas, No. 09-10492 (9th Cir.) (691 F.3d 1070) (August 16, 2012) (Judge Kim McLane Wardlaw) (p None)
  6. Moore v. Madigan, No. 12-1788 (7th Cir.) (702 F.3d 933) (December 11, 2012) (Judge Richard A. Posner) (p None)

U.S. v. Duval, No. 11-20594 (E.D.Mich.) (865 F.Supp.2d 803) (March 30, 2012) (Judge David M. Lawson)

This case presented a series of high-stakes and fascinating questions that are likely to be raised frequently in future Federal marijuana prosecutions as more and more states carve out exceptions for the use of medical marijuana and/or the personal use of small amounts of marijuana - both of which are ...

U.S. v. Trujillo-Castillon, No. 11-2646 (7th Cir.) (692 F.3d 575) (August 14, 2012) (Judge Ann Claire Williams)

Giraldo Trujillo–Castillon pled guilty to one count of conspiring to use unauthorized accounts and one count of aggravated identity theft. The defendant’s Guideline recommended sentence on the conspiracy count was 33-41 months, but he received an above-Guideline sentence of 48 months for the conspiracy count and a mandatory, consecutive 24 ...

U.S. v. Craig, No. 12-1262 (7th Cir.) (703 F.3d 1001) (December 18, 2012) (Per Curiam)

The defendant in this case, David Craig, pled guilty to four counts of producing child pornography in violation of 18 U.S.C. § 2251(a). Because Craig’s total offense level was 43, his guidelines sentence for each count was life. But the district court could not impose that sentence because the statutory ...

Smith v. Bank of America Corp., No. 11-CV-6368 (E.D.N.Y.) (865 F.Supp.2d 298) (May 18, 2012) (Judge Jack B. Weinstein)

This is an interesting decision by Judge Weinstein that addresses some of the often murky contours and legal consequences of New York’s Adjournment in Contemplation of Dismissal (ACD) program that is authorized by N.Y. Crim. Proc. Law 170.55. As Judge Weinstein observed in this decision, the “much-admired” purpose of the ...

U.S. v. Duenas, No. 09-10492 (9th Cir.) (691 F.3d 1070) (August 16, 2012) (Judge Kim McLane Wardlaw)

This decision recalls some of the many great “Perp-Walk” decisions of the past, where courageous judges have sometimes taken strong stands against the odious and outrageous (but frequently repeated) practice of prosecutors and law enforcement officials, at both the state and Federal levels, in organizing elaborately staged arrest scenes for ...

Moore v. Madigan, No. 12-1788 (7th Cir.) (702 F.3d 933) (December 11, 2012) (Judge Richard A. Posner)

This is an important gun rights case that could portend a dramatic change in the direction of the ongoing debate over the scope and meaning of the Second Amendment’s right “to keep and bear Arms,” as interpreted by the Supreme Court in its historic ruling in District of Columbia v. ...