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Punch and Jurists: September 7, 2015

Issue PDF
Volume 22, Number 14

In this issue:

  1. U.S. v. Cosme, No. 14-1625-cr (2nd Cir.) (796 F.3d 226) (August 10, 2015) (Judge John M. Jr. Walker) (p None)
  2. U.S. v. Ramirez, No. 14-2145 (7th Cir.) (788 F.3d 732) (June 10, 2015) (Judge William J. Bauer) (p None)
  3. U.S. v. Santos Flores, No. 15-10289 (9th Cir.) (794 F.3d 1088) (July 15, 2015) (Per Curiam) (p None)
  4. U.S. v. Bollinger, No. 14-4086 (4th Cir.) (798 F.3d 201) (August 19, 2015) (Judge Roger L. Gregory) (p None)
  5. Obama v. Klayman, No. 14-5004 (D.C. Cir.) (800 F.3d 559) (August 28, 2015) (Per Curiam) (p None)
  6. U.S. v. Vanderwerff, No. 13-1227 (10th Cir.) (788 F.3d 1266) (June 10, 2015) (Judge Jerome A. Holmes) (p None)

U.S. v. Cosme, No. 14-1625-cr (2nd Cir.) (796 F.3d 226) (August 10, 2015) (Judge John M. Jr. Walker)

This is another in a long string of cases in which Federal judges express concern about the Government’s seizure of assets at the commencement of criminal proceedings without any judicial finding of probable cause - and yet nothing ever seems to change. The Government simply seizes whatever it can at …

U.S. v. Ramirez, No. 14-2145 (7th Cir.) (788 F.3d 732) (June 10, 2015) (Judge William J. Bauer)

In a decision that, to our recollection, is a first of its kind, the Seventh Circuit has finally put some concrete standards to the vague and virtually unmeasurable standards of the so-called “ends-of-justice continuance” permitted by 18 U.S.C. § 3161(h)(7), and the nearly irrebuttable presumption that such continuances are impregnable …

U.S. v. Santos Flores, No. 15-10289 (9th Cir.) (794 F.3d 1088) (July 15, 2015) (Per Curiam)

This is a noteworthy decision dealing with the rights of criminal defendants charged with immigration offenses. Here, the Ninth Circuit held that a criminal defendant may not be denied bail simply because he is likely to be placed in immigration custody and thereby not be made available for trial.

Here, …

U.S. v. Bollinger, No. 14-4086 (4th Cir.) (798 F.3d 201) (August 19, 2015) (Judge Roger L. Gregory)

Larry Bollinger, an ordained Lutheran minister, moved to Haiti in 2004 with his wife to oversee a large ministry outside of Port Au Prince. The religious center included a school that served hundreds of children. Bollinger, a sex addict, began molesting young girls in 2009. After returning to the United …

Obama v. Klayman, No. 14-5004 (D.C. Cir.) (800 F.3d 559) (August 28, 2015) (Per Curiam)

In his blistering 68-page ruling in Klayman v. Obama, 957 F.Supp.2d 1, 42 (D.D.C. Dec. 16, 2013) (“Klayman I”) (P&J, 01/20/14), District Judge Richard Leon described the NSA’s once secret, but massive, domestic spying program (which systematically collects the records of nearly every phone call made in America) as “almost …

U.S. v. Vanderwerff, No. 13-1227 (10th Cir.) (788 F.3d 1266) (June 10, 2015) (Judge Jerome A. Holmes)

This is an interesting decision in which the Tenth Circuit wrote at length to attack the legal reasoning behind the district court’s rejection of a plea agreement on the grounds that it contained a waiver of appellate rights - a phenomena that the district court bemoaned had led to a …