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Punch and Jurists: February 18, 2013

Issue PDF
Volume 20, Number 4

In this issue:

  1. U.S. v. Howley, No. 11-6040 (6th Cir.) (707 F.3d 575) (February 4, 2013) (Judge Jeffrey S. Sutton) (p None)
  2. U.S. v. Hilton, No. 11-4273 (4th Cir.) (701 F.3d 959) (December 13, 2012) (Judge Barbara Milano Keenan) (p None)
  3. Bailey v. Pataki, No. 10-2563 (2nd Cir.) (708 F.3d 391) (February 14, 2013) (Judge Robert D. Sack) (p None)
  4. U.S. v. Newhouse, No. 11-3030-MWB (N.D.Iowa) ( F.Supp.2d ) (January 30, 2013) (Judge Mark W. Bennett) (p None)
  5. U.S. v. Lumbard, No. 12-1209 (6th Cir.) (706 F.3d 716) (February 7, 2013) (Judge Curtis L. Collier) (p None)
  6. U.S. v. Peppel, No. 11-4327 (6th Cir.) ( F.3d ) (February 15, 2013) (Judge Karen Nelson Moore) (p None)

U.S. v. Howley, No. 11-6040 (6th Cir.) (707 F.3d 575) (February 4, 2013) (Judge Jeffrey S. Sutton)

U.S. v. Howley, 707 F.3d 575 (6th Cir. Feb. 4, 2013) (Judge Jeffrey Sutton)
U.S. v. Peppel, 707 F.3d 627 (6th Cir. Feb. 15, 2013) (Judge Karen Nelson Moore)

In these two cases, different panels from the Sixth Circuit sharply rejected significant downward adjustments granted by the district courts in ...

U.S. v. Hilton, No. 11-4273 (4th Cir.) (701 F.3d 959) (December 13, 2012) (Judge Barbara Milano Keenan)

In this consolidated appeal, three defendants, Jacqueline, Tamatha, and Jimmy Hilton challenged their convictions on charges involving a scheme to defraud The Woodsmiths Company (“Woodsmiths”), a North Carolina furniture manufacturer that was Tamatha Hilton's employer. The primary issue before the Court was whether the statutes prohibiting identity theft and aggravated ...

Bailey v. Pataki, No. 10-2563 (2nd Cir.) (708 F.3d 391) (February 14, 2013) (Judge Robert D. Sack)

During the period between 1998 and 2005, former New York State Governor George Pataki made repeated attempts to get the New York State Legislature to enact legislation providing for the civil confinement of certain inmates who had been convicted of qualifying sexual crimes following completion of their prison sentences. When ...

U.S. v. Newhouse, No. 11-3030-MWB (N.D.Iowa) ( F.Supp.2d ) (January 30, 2013) (Judge Mark W. Bennett)

In this memorable, 68-page long Sentencing Memorandum, Judge Bennett set forth his reasons for imposing a 96-month sentence on Lori Newhouse, “a low-level pill smurfer” who was indicted for manufacturing or attempting to manufacture five grams of more of pure methamphetamine.

While Judge Bennett acknowledged that a 96-month sentence “is ...

U.S. v. Lumbard, No. 12-1209 (6th Cir.) (706 F.3d 716) (February 7, 2013) (Judge Curtis L. Collier)

In this case, the Sixth Circuit affirmed a conviction for aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1) even though the defendant bought the identity information he used for the fraud from a willing seller.

Section 1028A(a)(1) makes it a crime for a person who“during and in relation ...

U.S. v. Peppel, No. 11-4327 (6th Cir.) ( F.3d ) (February 15, 2013) (Judge Karen Nelson Moore)

U.S. v. Howley, 707 F.ed 575 (6th Cir. Feb. 4, 2013) (Judge Jeffrey Sutton)
U.S. v. Peppel, 707 F.3d 627 (6th Cir. Feb. 15, 2013) (Judge Karen Nelson Moore)

In these two cases, different panels from the Sixth Circuit sharply rejected significant downward adjustments granted by the district courts in ...