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Punch and Jurists: January 7, 2013

Issue PDF
Volume 20, Number 1

In this issue:

  1. U.S. v. Aguilar-Vera, No. 10-10333 (9th Cir.) (698 F.3d 1196) (October 29, 2012) (Judge Carlos T. Bea) (p None)
  2. The New York Times v. U.S. Dept. of Justice, No. 11 Civ. 9336 (CM) (S.D.N.Y.) (915 F.Supp.2d 508) (January 2, 2013) (Judge Colleen McMahon) (p None)
  3. U.S. v. Kelly, No. Cr. No. 11-1866 BB (D.N.M.) (868 F.Supp.2d 1202) (June 20, 2012) (Judge Bruce D. Black) (p None)
  4. Swartz v. Insogna, No. 11-2846-cv (2nd Cir.) (704 F.3d 105) (January 3, 2013) (Judge Jon O. Newman) (p None)
  5. U.S. v. Mustafa, No. 11-3556 (8th Cir.) (695 F.3d 860) (September 24, 2012) (Per Curiam) (p None)
  6. U.S. v. Green, No. 11cr0938 JM (S.D.Cal.) (857 F.Supp.2d 1015) (April 25, 2012) (Judge Jeffrey T. Miller) (p None)

U.S. v. Aguilar-Vera, No. 10-10333 (9th Cir.) (698 F.3d 1196) (October 29, 2012) (Judge Carlos T. Bea)

This is another flawed and depressing decision about the rights of illegal immigrants who are prosecuted en masse in the state of Arizona. In this case Gilbert Arguilar-Vera was arrested in Arizona and charged with violating 8 U.S.C. § 1325, misdemeanor illegal entry by an alien. As the Court explained: ...

The New York Times v. U.S. Dept. of Justice, No. 11 Civ. 9336 (CM) (S.D.N.Y.) (915 F.Supp.2d 508) (January 2, 2013) (Judge Colleen McMahon)

This decision addressed two separate lawsuits brought under the Freedom of Information Act (FOIA) against the U.S. Department of Justice (DOJ). One was brought by The New York Times (the “Times”) and two of its reporters, Charlie Savage and Scott Shane; and the second was brought by the American Civil ...

U.S. v. Kelly, No. Cr. No. 11-1866 BB (D.N.M.) (868 F.Supp.2d 1202) (June 20, 2012) (Judge Bruce D. Black)

This case is noted for its brilliant and comprehensive analysis of one of the most frequently used, but most contentious, provisions of the Guidelines dealing with the receipt of child pornography - namely U.S.S.G. § 2G2.2. Chock full of an almost endless list of Congressionally-mandated enhancements for “specific offense characteristics,” ...

Swartz v. Insogna, No. 11-2846-cv (2nd Cir.) (704 F.3d 105) (January 3, 2013) (Judge Jon O. Newman)

In a decision that will undoubtedly infuriate a lot of law enforcement officers throughout the U.S., the Second Circuit held in the instant case that a Federal district judge erred in dismissing a civil rights lawsuit filed against two police officers by a plaintiff who claims he was wrongfully arrested ...

U.S. v. Mustafa, No. 11-3556 (8th Cir.) (695 F.3d 860) (September 24, 2012) (Per Curiam)

Here the Court rejected a challenge to one of the most contentious aspects of the Guidelines - namely that defendants do not have a due process right to more than a preponderance-of-the-evidence standard for the finding of sentencing facts.

Back in 1991, the Sentencing Commission adopted a new and highly ...

U.S. v. Green, No. 11cr0938 JM (S.D.Cal.) (857 F.Supp.2d 1015) (April 25, 2012) (Judge Jeffrey T. Miller)

Here the Court granted a motion by AOL to quash a subpoena it received from a defendant charged who was charged with the receipt of child pornography, after concluding that the information sought was not relevant under Rule 17(c).

In 2010, AOL, acting pursuant to the mandatory reporting requirements of ...