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Punch and Jurists: June 23, 2014

Issue PDF
Volume 21, Number 7

In this issue:

  1. Bond v. U.S., No. 12-158 (U.S. Supreme Court) (572 U.S. 844; 134 S.Ct. 2077) (June 2, 2014) (Judge John G. Roberts) (p None)
  2. Abramski v. U.S., No. 12-1493 (U.S. Supreme Court) (573 U.S. 169; 134 S.Ct. 2259) (June 16, 2014) (Justice Kagan) (p None)
  3. U.S. v. Ng, No. 12 CR 553 ILG (E.D.N.Y.) (973 F.Supp.2d 217) (September 25, 2013) (Judge I. Leo Glasser) (p None)
  4. U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (753 F.3d 309) (June 3, 2014) (Judge O. Rogeriee Thompson) (p None)
  5. U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler) (p None)
  6. U.S. v. Payton, No. 13-1242 (6th Cir.) (754 F.3d 375) (June 12, 2014) (Judge Gilbert S. Merritt) (p None)
  7. U.S. v. Davis, No. 12-12928 (11th Cir.) (754 F.3d 1205) (June 11, 2014) (Judge David B. Sentelle) (p None)

Bond v. U.S., No. 12-158 (U.S. Supreme Court) (572 U.S. 844; 134 S.Ct. 2077) (June 2, 2014) (Judge John G. Roberts)

This was a wild and woolly case on many levels. It involved colorful facts and an astonishingly bold attempt to overreach by Federal prosecutors. At one point, Conservative columnist George Will called the case the Supreme Court’s “most momentous case” of its 2013-2014 Term. (See, "Carol Bond case showcases government ...

Abramski v. U.S., No. 12-1493 (U.S. Supreme Court) (573 U.S. 169; 134 S.Ct. 2259) (June 16, 2014) (Justice Kagan)

In this case, a sharply divided Supreme Court sided with advocates of stricter gun controls and upheld the conviction of the petitioner, a former police officer in Virginia, who bought a Glock handgun for his uncle in Pennsylvania, but failed to disclose his role as a straw purchaser on a ...

U.S. v. Ng, No. 12 CR 553 ILG (E.D.N.Y.) (973 F.Supp.2d 217) (September 25, 2013) (Judge I. Leo Glasser)

The Defendants in this case, Mr. and Mrs. Ng., owned and operated a driving school serving primarily Chinese immigrants. In addition to providing legitimate schooling to would be drivers, they also devised a scheme to assist Chinese-speaking applicants with limited English speaking proficiency to pass the written portion of the ...

U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (753 F.3d 309) (June 3, 2014) (Judge O. Rogeriee Thompson)

This remarkable decision needs little explanation, and even less commentary, than the words of the judges themselves. Start with Judge Thompson’s opening words on behalf of himself and Judge Sandra Lynch:

“Sometimes it's better to quit while you're ahead. The district judge twice conducted plea colloquies and thrice imposed sentences ...

U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler)

Perhaps no phrase used in the Guidelines has created more uncertainty and confusion than the term “crime of violence” - except possibly the term “relevant conduct.” And, as this decision clearly shows, that uncertainty and confusion about what constitutes a crime of violence have been created, in large part, by ...

U.S. v. Payton, No. 13-1242 (6th Cir.) (754 F.3d 375) (June 12, 2014) (Judge Gilbert S. Merritt)

In another of a long line of brilliant and principled sentencing decisions, Judge Merritt concluded that an above-Guidelines 45 year sentence imposed on a 46 year old serial bank robber was excessive and unreasonable, principally because it failed to recognize the statistically confirmed decreased rates of recidivism for defendants older ...

U.S. v. Davis, No. 12-12928 (11th Cir.) (754 F.3d 1205) (June 11, 2014) (Judge David B. Sentelle)

This is another in the growing tide of decisions dealing with the application of the Fourth Amendment to the warrantless interception of electronic data or sound waves carrying communications, an increasingly broad topic that includes both cell phone searches and the tracking of cell phone users’ locations.

In U.S. v. ...