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Punch and Jurists: August 22, 2016

Issue PDF
Volume 23, Number 13

In this issue:

  1. U.S. v. McIntosh, No. 15-10117 (9th Cir.) (833 F.3d 1163) (August 16, 2016) (Judge Diarmuid F. O'Scannlain) (p None)
  2. Norris v. U.S., No. 15-10390 (11th Cir.) (820 F.3d 1261) (April 25, 2016) (Judge William H. Jr. Pryor) (p None)
  3. U.S. v. Gonzalez-Longoria, No. 15-40041 (5th Cir.) (831 F.3d 670) (August 5, 2016) (Judge Stephen A. Higginson) (p None)
  4. Doe v. U.S., No. 15-1967-cr (2nd Cir.) (833 F.3d 192) (August 11, 2016) (Judge Raymond J. Jr. Lohier) (p None)
  5. U.S. v. McLean, No. 13-cr-487 (E.D.Pa.) (199 F.Supp.3d 926) (August 8, 2016) (Judge Gerald A. McHugh) (p None)
  6. U.S. v. Smith, No. 15-1742 (8th Cir.) (820 F.3d 356) (April 14, 2016) (Judge Bobby E. Shepherd) (p None)

U.S. v. McIntosh, No. 15-10117 (9th Cir.) (833 F.3d 1163) (August 16, 2016) (Judge Diarmuid F. O'Scannlain)

In 2014, Congress enacted a new omnibus appropriations act which funded the Government through September 30, 2015, and which contained a Rider known as the Rohrabacher-Farr Medical Cannabis Amendment. That Amendment was named after its two House sponsors, Dana Rohrabacher (R-CA) and Sam Farr (D-CA); and its passage was the ...

Norris v. U.S., No. 15-10390 (11th Cir.) (820 F.3d 1261) (April 25, 2016) (Judge William H. Jr. Pryor)

In November, 2010, former District Judge Jack Tarpley Camp, Jr. of the N.D.Ga. resigned from the bench, after serving as a Federal Judge for more than 23 years. His resignation came after Judge Camp pled guilty to a number of drug related charges, including a felony count for giving a ...

U.S. v. Gonzalez-Longoria, No. 15-40041 (5th Cir.) (831 F.3d 670) (August 5, 2016) (Judge Stephen A. Higginson)

This is another of many recent decisions from the lower Federal courts struggling to interpret the limits of Johnson v. U.S., 576 U.S. ___, 135 S. Ct. 2551 (2015), in which the Supreme Court struck as unconstitutionally vague the residual clause of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. ...

Doe v. U.S., No. 15-1967-cr (2nd Cir.) (833 F.3d 192) (August 11, 2016) (Judge Raymond J. Jr. Lohier)

In 2015, just before he retired from the bench, former District Judge John Gleeson of the E.D.N.Y celebrated his pending retirement by issuing a string of memorable sentencing decisions, none of which was more noteworthy than Doe v. U.S., 110 Fed. Supp.3d 448 (E.D.N.Y May 21, 2015) (“Doe 1") (P&J, ...

U.S. v. McLean, No. 13-cr-487 (E.D.Pa.) (199 F.Supp.3d 926) (August 8, 2016) (Judge Gerald A. McHugh)

It is hard not to be jolted by the opening paragraph of Judge McHugh’s memorable sentencing opinion in this case, in which he explored in depth some of the many evils of Government “sting” operations. He wrote:

“The latitude given to federal authorities in charging drug offenses has been described ...

U.S. v. Smith, No. 15-1742 (8th Cir.) (820 F.3d 356) (April 14, 2016) (Judge Bobby E. Shepherd)

After reserving the right to challenge the warrantless search of his residence, Cody Smith pled guilty to one count of possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(9). He then appealed the district court's denial of his motion to suppress, arguing the physical ...