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Punch and Jurists: July 28, 2014

Issue PDF
Volume 21, Number 9

In this issue:

  1. Markadonatos v. Village of Woodridge,, No. 12-2619 (7th Cir.) ( F.3d ) (July 21, 2014) (Per Curiam) (p None)
  2. U.S. v. Kopstein, No. 13-417-cr (2nd Cir.) (759 F.3d 168) (July 21, 2014) (Judge Dennis G. Jacobs) (p None)
  3. Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (767 F.3d 1) (July 14, 2014) (Judge Karen LeCraft Henderson) (p None)
  4. U.S. v. Sayer, No. 12-2489 (1st Cir.) (748 F.3d 425) (May 2, 2014) (Judge Sandra L. Lynch) (p None)
  5. U.S. v. Dayi, No. Crim. No. JKB-13-0012 (D.Md.) (980 F.Supp.2d 682) (November 1, 2013) (Judge James K. Bredar) (p None)
  6. U.S. v. Flores-Mejia, No. 12-3149 (3rd Cir.) (759 F.3d 253) (July 16, 2014) (Judge Jane R. Roth) (p None)

Markadonatos v. Village of Woodridge,, No. 12-2619 (7th Cir.) ( F.3d ) (July 21, 2014) (Per Curiam)

In Markadonatos v. Village of Woodridge, 739 F.3d 984 (7th Cir. Jan. 8, 2014) (“Markadonatos I”) (P&J, 06/02/14), a divided panel from the Seventh Circuit affirmed the dismissal of a putative class action filed by a person who was arrested within the jurisdiction of the Village of Woodridge and then ...

U.S. v. Kopstein, No. 13-417-cr (2nd Cir.) (759 F.3d 168) (July 21, 2014) (Judge Dennis G. Jacobs)

This is an interesting (but highly fact-specific) decision in which a divided panel from the Second Circuit vacated a conviction for transporting and shipping child pornography on the grounds that the instructions given to the jury regarding the defendant’s defense of entrapment were so confusing that they called into question ...

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (767 F.3d 1) (July 14, 2014) (Judge Karen LeCraft Henderson)

In a long-awaited decision about the authority of military commissions under the Military Commissions Act of 2006 (“MCA”), Pub. L. No. 109-336, 120 Stat. 2600, the D.C. Circuit, sitting en banc, vacated two guilty verdicts rendered by a military commissions court of a former close aide to Osama bin Laden, ...

U.S. v. Sayer, No. 12-2489 (1st Cir.) (748 F.3d 425) (May 2, 2014) (Judge Sandra L. Lynch)

This is an interesting decision about a relatively new statute that is becoming increasingly popular with Federal prosecutors. Since 1996, Congress has enacted a number of Federal stalking laws, including the Federal cyberstalking statute - 18 U.S.C. § 2261A(2)(A) (2006) - which, at the times relevant to this case, provided ...

U.S. v. Dayi, No. Crim. No. JKB-13-0012 (D.Md.) (980 F.Supp.2d 682) (November 1, 2013) (Judge James K. Bredar)

This is a significant sentencing decision in which Judge James Bredar discussed his reasons for imposing sentences that were significantly less than the advisory Sentencing Guideline range for marijuana-related offenses, based on the “new enforcement priorities” of the Department of Justice and the “recent enactments of state voters and legislators” ...

U.S. v. Flores-Mejia, No. 12-3149 (3rd Cir.) (759 F.3d 253) (July 16, 2014) (Judge Jane R. Roth)

Overruling its decision in U.S. v. Sevilla, 541 F.3d 226 (3d Cir. Sept. 4, 2008), a divided Third Circuit, sitting en banc, held that a procedural error at sentencing is preserved only if a party objects after sentence is imposed or at the time that the procedural error becomes evident. ...