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Punch and Jurists: March 10, 2014

Issue PDF
Volume 21, Number 3

In this issue:

  1. U.S. v. Adorno, No. 12-CR-611 (NG) (S.D.N.Y.) (950 F.Supp.2d 426) (May 24, 2013) (Judge Nina Gershon) (p None)
  2. Peruta v. County of San Diego, No. 10-56971 (9th Cir.) (742 F.3d 1144) (February 13, 2014) (Judge Diarmuid F. O'Scannlain) (p None)
  3. U.S. v. Archuleta, No. 12-2026 (10th Cir.) (737 F.3d 1287) (December 17, 2013) (Judge Mary Beck Briscoe) (p None)
  4. Aamer v. Obama, No. 13-5223 (D.C. Cir.) (742 F.3d 1023) (February 11, 2014) (Judge David S. Tatel) (p None)
  5. Fernandez v. California, No. 12-7822 (U.S. Supreme Court) (571 U.S. 972; 134 S.Ct. 1126) (February 25, 2014) (Justice Alito) (p None)
  6. Kaley v. U.S., No. 12-464 (U.S. Supreme Court) (571 U.S. 320; 134 S.Ct. 1090) (February 25, 2014) (Justice Kagan) (p None)
  7. U.S. v. Maynard, No. 12-5106 (2nd Cir.) (743 F.3d 374) (February 24, 2014) (Judge Dennis G. Jacobs) (p None)

U.S. v. Adorno, No. 12-CR-611 (NG) (S.D.N.Y.) (950 F.Supp.2d 426) (May 24, 2013) (Judge Nina Gershon)

The defendant in this case, Luis Adorno, a former Construction Project Manager at the Housing and Preservation Department of New York City (HPD), pled guilty to a single-count Information charging bribery concerning a program receiving Federal funds, in violation of 18 U.S.C. § 666(a)(1)(B). At his sentencing, the City of ...

Peruta v. County of San Diego, No. 10-56971 (9th Cir.) (742 F.3d 1144) (February 13, 2014) (Judge Diarmuid F. O'Scannlain)

In this decision, a divided panel from the Ninth Circuit has issued the most sweeping decision to date on the right to carry a gun in public places. In its 77-page-long decision, the majority held that the Second Amendment’s right to have a gun for self-defense clearly exists beyond one’s ...

U.S. v. Archuleta, No. 12-2026 (10th Cir.) (737 F.3d 1287) (December 17, 2013) (Judge Mary Beck Briscoe)

This case involved the prosecution and conviction of one Nathan Archuleta for his participation “in a single plan to smuggle drugs on a single day in 2009.” (Id., at 1301). Archuleta was a leader of a local gang in Farmington, New Mexico which had longstanding ties to the Sureños, a ...

Aamer v. Obama, No. 13-5223 (D.C. Cir.) (742 F.3d 1023) (February 11, 2014) (Judge David S. Tatel)

The three Petitioners in this case are detainees at the U.S. military prison at Guantanamo Bay, Cuba. Although all of them have been cleared for release, they remain confined at Guantanamo, caught up in a morass of legal and political infighting that has been going on for years. Finally, to ...

Fernandez v. California, No. 12-7822 (U.S. Supreme Court) (571 U.S. 972; 134 S.Ct. 1126) (February 25, 2014) (Justice Alito)

In Georgia v. Randolph, 547 U.S. 103, 122-23 (2006), a divided Supreme Court held that the police cannot enter a home and seize evidence without a warrant where one occupant agrees to the search but the other occupant refuses permission, stating that “a physically present inhabitant’s express refusal of consent ...

Kaley v. U.S., No. 12-464 (U.S. Supreme Court) (571 U.S. 320; 134 S.Ct. 1090) (February 25, 2014) (Justice Kagan)

Among the vast arsenal of prosecutorial weapons that the Department of Justice has at its disposal, none are more fearsome nor more potent than the broad array of forfeiture statutes that Congress has enacted; and, of the many Federal forfeiture statutes that now exist, one of the most powerful and ...

U.S. v. Maynard, No. 12-5106 (2nd Cir.) (743 F.3d 374) (February 24, 2014) (Judge Dennis G. Jacobs)

This decision provides an informative overview of the history and growth of restitution within the Federal criminal justice system, as well as a rare judicial pruning of the ever-spreading tentacles of restitution, which has become an integral part of the Federal sentencing process, even though it is often ignored by ...