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Punch and Jurists: September 23, 2013

Issue PDF
Volume 20, Number 19

In this issue:

  1. U.S. v. Sedaghaty, No. 11-30342 (9th Cir.) (728 F.3d 885) (August 23, 2013) (Judge M. Margaret McKeown) (p None)
  2. U.S. v. Richards, No. 12-2790 (7th Cir.) (719 F.3d 746) (June 14, 2013) (Judge Joel L. Flaum) (p None)
  3. U.S. v. Hampton, No. 10-3074 (D.C. Cir.) (718 F.3d 978) (June 25, 2013) (Judge A. Raymond Randolph) (p None)
  4. U.S. v. Kriesel, No. 11-30197 (9th Cir.) (720 F.3d 1137) (June 28, 2013) (Judge Mary M. Schroeder) (p None)
  5. U.S. v. Engelmann, No. 12-1343 (8th Cir.) (720 F.3d 1005) (July 30, 2013) (Judge Bobby E. Shepherd) (p None)
  6. U.S. v. Tavera, No. 11-6175 (6th Cir.) (719 F.3d 705) (May 1, 2013) (Judge Gilbert S. Merritt) (p None)

U.S. v. Sedaghaty, No. 11-30342 (9th Cir.) (728 F.3d 885) (August 23, 2013) (Judge M. Margaret McKeown)

From its outset, this case must have been a prosecutor’s fantasmagorical dream. As Judge McKeown described it, it was “a tax fraud case that was transformed into a trial on terrorism.” She also wrote:

“Th[is] appeal illustrates the fine line between the government's use of relevant evidence to document motive ...

U.S. v. Richards, No. 12-2790 (7th Cir.) (719 F.3d 746) (June 14, 2013) (Judge Joel L. Flaum)

This case is noted for its excellent and enlightening discussion of one of the most difficult to comprehend aspects of the use of “prior bad acts evidence” as set forth in Rule 404(b) of the Fed.R.Evid. - namely the fine line between evidence introduced to show “propensity” to commit a ...

U.S. v. Hampton, No. 10-3074 (D.C. Cir.) (718 F.3d 978) (June 25, 2013) (Judge A. Raymond Randolph)

Jerome Hampton was convicted by a jury of a drug conspiracy in a case in which the Government’s evidence consisted largely of wiretap interceptions and recordings from a listening device. In fact, the Court emphasized that the prosecution “was unable to point to any money, drugs, weapons, or other evidence ...

U.S. v. Kriesel, No. 11-30197 (9th Cir.) (720 F.3d 1137) (June 28, 2013) (Judge Mary M. Schroeder)

This is a fascinating decision that addresses one aspect of the Government’s perpetual accretion of power at the expense of privacy rights - and the courts’ virtually automatic acceptance of such Governmental power-grabs. A cogent and apt description of the issues addressed by the Court in this case are set ...

U.S. v. Engelmann, No. 12-1343 (8th Cir.) (720 F.3d 1005) (July 30, 2013) (Judge Bobby E. Shepherd)

n its prior decision in this case, reported at U.S. v. Engelmann, 701 F.3d 874 (8th Cir. Dec. 19, 2012) (P&J, 02/04/13),a divided panel from the Eighth Circuit held that the district court had erred when it denied the defendant’s motion for a new trial based on a claim of ...

U.S. v. Tavera, No. 11-6175 (6th Cir.) (719 F.3d 705) (May 1, 2013) (Judge Gilbert S. Merritt)

The defendant in this case, Abel Tavera, was convicted by a jury of participating in a methamphetamine drug conspiracy; and he was sentenced to 186 months in prison. At the time of his arrest, Tavera was a passenger in a truck being driven from North Carolina to Tennessee by his ...