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Punch and Jurists: April 16, 2012

Issue PDF
Volume 19, Number 8

In this issue:

  1. Florence v. Board of Freeholders, No. 10-945 (U.S. Supreme Court) (566 U.S. 318; 132 S.Ct. 1510) (April 2, 2012) (Justice Kennedy) (p None)
  2. U.S. v. Vizcarra, No. 09-1174 (7th Cir.) (668 F.3d 516) (February 7, 2012) (Judge Diane S. Sykes) (p None)
  3. U.S. v. Dossie, No. 11-CR-236 (JG) (E.D.N.Y.) (851 F.Supp.2d 478) (March 30, 2012) (Judge John Gleeson) (p None)
  4. U.S. v. Major, No. 10-10147 (9th Cir.) (676 F.3d 803) (March 27, 2012) (Judge J. Clifford Wallace) (p None)
  5. Wagner v. County of Maricopa, No. 10-15501 (9th Cir.) (673 F.3d 977) (March 7, 2012) (Judge John T. Jr. Noonan) (p None)
  6. Rehberg v. Paulk, No. 10-788 (U.S. Supreme Court) (566 U.S. 356; 132 S.Ct. 1497) (April 2, 2012) (Justice Alito) (p None)
  7. U.S. v. Sanders, No. 10-13667 (11th Cir.) (668 F.3d 1298) (February 2, 2012) (Per Curiam) (p None)
  8. U.S. v. Boros, No. 10-2566 (7th Cir.) (668 F.3d 901) (February 9, 2012) (Judge Joel L. Flaum) (p None)

Florence v. Board of Freeholders, No. 10-945 (U.S. Supreme Court) (566 U.S. 318; 132 S.Ct. 1510) (April 2, 2012) (Justice Kennedy)

Here the Court held, by a 5-4 vote, that routine strip searches of individuals arrested for minor offenses do not require any reasonable suspicion of wrongdoing and do not per se violate the privacy rights of the arrestees under the Constitution.

In this case, a divided the Supreme Court held, ...

U.S. v. Vizcarra, No. 09-1174 (7th Cir.) (668 F.3d 516) (February 7, 2012) (Judge Diane S. Sykes)

Anyone who wants a refresher course on the law relating to “double counting” under the Guidelines should read this decision. It contains not only a detailed explanation of a major change in Seventh Circuit law on when double counting is permitted and when it is prohibited, the decision also contains ...

U.S. v. Dossie, No. 11-CR-236 (JG) (E.D.N.Y.) (851 F.Supp.2d 478) (March 30, 2012) (Judge John Gleeson)

This decision is a powerful sequel to Judge Gleeson’s brilliant (but largely unheralded) decision in U.S. v. Vasquez, No. 09 Crim. 259, 2010 WL 1257359 (E.D.N.Y. Mar. 30, 2010) (P&J, 04/19/10), which we described as “quite simply, a remarkable, eloquent and passionate exegesis that bluntly lays bare some of the ...

U.S. v. Major, No. 10-10147 (9th Cir.) (676 F.3d 803) (March 27, 2012) (Judge J. Clifford Wallace)

The two defendants in this case were convicted of a number of drug and gun charges; and they were sentenced, respectively, to 8,941 months (745 years, 1 month) and 8,955 months (746 years, 3 months) in prison under the pathetically absurd mandatory minimum regimen of 18 U.S.C. 924(c). On appeal, ...

Wagner v. County of Maricopa, No. 10-15501 (9th Cir.) (673 F.3d 977) (March 7, 2012) (Judge John T. Jr. Noonan)

Sheriff Joe Arpaio of Maricopa County, AZ has made a career (and a bundle of money) by implementing some of the nation’s most diabolical and deliberately demeaning policies for dealing with prisoners housed in his jurisdiction. For example, he openly engages in racial profiling. He has created a prison Tent ...

Rehberg v. Paulk, No. 10-788 (U.S. Supreme Court) (566 U.S. 356; 132 S.Ct. 1497) (April 2, 2012) (Justice Alito)

In this case, a unanimous Supreme Court held that the sole complaining grand jury witness is entitled to the same absolute immunity from any liability under 42 U.S.C. § 1983 for his testimony before the grand jury as a witness who testifies at trial - even if the witness and ...

U.S. v. Sanders, No. 10-13667 (11th Cir.) (668 F.3d 1298) (February 2, 2012) (Per Curiam)

Here the Court held that the district court had abused its discretion and violated the precepts of Rule 404(b) by allowing the admission of evidence of the defendant’s 22-year-old dissimilar conviction - but deemed the error harmless.

In 1988, Walter Sanders, the defendant in the instant case, was convicted of ...

U.S. v. Boros, No. 10-2566 (7th Cir.) (668 F.3d 901) (February 9, 2012) (Judge Joel L. Flaum)

Ricky Boros and several co-defendants were indicted on various charges relating to their ownership and operation of an Internet pharmacy business known as Purchase Meds, Inc. (herein “PMeds”), including conspiracy to import and distribute controlled substances. PMeds was incorporated in Belize, but it distributed prescription drugs, including controlled substances, to ...