Loaded on
May 4, 2015
published in Punch and Jurists
May 04, 2015
One evening in 2012, shortly after midnight, a car being driven on a Nebraska State Highway by the petitioner, Dennys Rodriguez and carrying passenger Scott Pollman was stopped by a local police officer, Morgan Struble, who is a K-9 officer and who had his dog with him. Struble had observed ...
Loaded on
May 4, 2015
published in Punch and Jurists
May 04, 2015
In the early days following the effective date of the Guidelines, there were many constitutional challenges to different aspects of the Guidelines, none of which were more frequent nor more vocal than the many challenges to the Guidelines use of “relevant conduct” as a means of increasing a defendant’s sentence. ...
Loaded on
May 4, 2015
published in Punch and Jurists
May 04, 2015
The Sentencing Guidelines provide that when a defendant “clearly demonstrates acceptance of responsibility for his offense,” his base offense level should be decreased by 2 levels. (U.S.S.G. § 3E1.1(a)). The Guidelines also provide that if the defendant qualifies for a sentence reduction under subsection (a) and if his offense level ...
Loaded on
May 4, 2015
published in Punch and Jurists
May 04, 2015
This case highlights the rank absurdity of the all-too-common judicial practice of rote impositions of just about any special conditions of supervised release that sound tough- even if they lack any legal or factual justification whatsoever.
In this case, James Burns was convicted of possession and attempted possession of child ...
Loaded on
May 4, 2015
published in Punch and Jurists
May 04, 2015
In this case, three Somali born men, Ali Yasin Ahmed, Mohamed Yusuf and Mahdi Hashi, who were arrested in transit to Yemen in 2012, are on trial in New York for providing material support for, and receiving “military-type training” from, al-Shabaab, an al Qaida affiliate and a U.S. State Department-designated ...
Loaded on
Nov. 2, 2015
published in Punch and Jurists
May 04, 2015
In this consolidated case, the Court reviewed the scope of Fourth Amendment protections as applied to individuals serving a term of Federal supervised release. The case was triggered when a confidential informant provided a tip to the Feds that Eric Barker, who was serving a term of supervised release imposed ...