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Punch and Jurists: April 28, 2014

Issue PDF
Volume 21, Number 5

In this issue:

  1. U.S. v. Castleman, No. 12-1371 (U.S. Supreme Court) (572 U.S. 157; 134 S.Ct. 1405) (March 26, 2014) (Justice Sotomayor) (p None)
  2. Rosemond v. U.S., No. 12-895 (U.S. Supreme Court) (572 U.S. 65; 134 S.Ct. 1240) (March 5, 2014) (Justice Kagan) (p None)
  3. Paroline v. U.S., No. 12-8561 (U.S. Supreme Court) (572 U.S. 434; 134 S.Ct. 1710) (April 23, 2014) (Justice Kennedy) (p None)
  4. Navarette v. California, No. 12-9490 (U.S. Supreme Court) (572 U.S. 393; 134 S.Ct. 1683) (April 22, 2014) (Justice Thomas) (p None)
  5. White v. Woodall, No. 12-794 (U.S. Supreme Court) (572 U.S. 415; 134 S.Ct. 1697) (April 23, 2014) (Justice Scalia) (p None)
  6. U.S. v. Benns, No. 12-51038 (5th Cir.) (740 F.3d 370) (January 21, 2014) (Judge James E. Jr. Graves) (p None)
  7. U.S. v. Freeman, No. 12-4636 (4th Cir.) (741 F.3d 426) (January 17, 2014) (Judge Stephanie Dawn Thacker) (p None)

U.S. v. Castleman, No. 12-1371 (U.S. Supreme Court) (572 U.S. 157; 134 S.Ct. 1405) (March 26, 2014) (Justice Sotomayor)

Federal law prohibits the possession of firearms by anyone convicted of “a misdemeanor crime of violence.” (18 U.S.C. § 922(g)(9).) The narrow issue addressed by the Court in this case involved the meaning of the phrase “the use . . . of physical force” in the Federal statute (18 U.S.C. ...

Rosemond v. U.S., No. 12-895 (U.S. Supreme Court) (572 U.S. 65; 134 S.Ct. 1240) (March 5, 2014) (Justice Kagan)

The question before the Court in this drug deal gone bad case was whether the federal offense of aiding and abetting the use of a firearm during and in relation to a crime of violence or drug trafficking crime requires proof of intentional facilitation or encouragement of the use of ...

Paroline v. U.S., No. 12-8561 (U.S. Supreme Court) (572 U.S. 434; 134 S.Ct. 1710) (April 23, 2014) (Justice Kennedy)

This decision finally resolved (at least in part) a growing, and increasingly contentious, divide among the lower courts over the correct interpretation of 18 U.S.C. § 2259, a component of the Violence Against Women Act of 1994. That confusing and confused statute requires district courts to order defendants convicted of ...

Navarette v. California, No. 12-9490 (U.S. Supreme Court) (572 U.S. 393; 134 S.Ct. 1683) (April 22, 2014) (Justice Thomas)

In this case, a sharply divided Supreme Court expanded significantly the scope of the existing precedents on the right of the police to make a lawful stop and search and seizure of a vehicle based on anonymous tip, “true or false.” In fact, to emphasize the significance of the Court’s ...

White v. Woodall, No. 12-794 (U.S. Supreme Court) (572 U.S. 415; 134 S.Ct. 1697) (April 23, 2014) (Justice Scalia)

Most of the myriad cases decided by the Supreme Court since the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) have addressed issues that were so highly technical and fact-specific that they have very little precedential value. (They do, of course, have two traits in common: ...

U.S. v. Benns, No. 12-51038 (5th Cir.) (740 F.3d 370) (January 21, 2014) (Judge James E. Jr. Graves)

The defendant in this case, Rikey Benns, was named in a one-count indictment charging him with making false statements relating to a credit application, in violation of 18 U.S.C. § 1014. The indictment alleged that Benns "knowingly made a material false statement for the purpose of influencing the action of ...

U.S. v. Freeman, No. 12-4636 (4th Cir.) (741 F.3d 426) (January 17, 2014) (Judge Stephanie Dawn Thacker)

In 2010, Robert Freeman, who was also known as “Dr. Shine,” was indicted and charged with two counts of obstruction of an official proceeding, two counts of making false statements in a bankruptcy proceeding, and one count of providing false records in a bankruptcy proceeding that he and his wife ...