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Punch and Jurists: September 19, 2016

Issue PDF
Volume 23, Number 15

In this issue:

  1. Merrill v. Lunch, No. 14-cv-9763 (VM) (S.D.N.Y.) (151 F.Supp.3d 342) (August 28, 2015) (Judge Victor Marrero) (p None)
  2. Sophin v. U.S., No. EP-15-CR-418-KC (W.D.Tex.) (153 F.Supp.3d 956) (December 22, 2015) (Judge Kathleen Cardone) (p None)
  3. U.S. v. Bronstein, No. 15-cr-00048 (CRC) (D.D.C.) (151 F.Supp.3d 31) (December 22, 2015) (Judge Christopher R. Cooper) (p None)
  4. U.S. v. Mutschler, No. CR14-328 TSZ (W.D.Wash.) (152 F.Supp.3d 1332) (January 7, 2016) (Judge Thomas S. Zilly) (p None)
  5. U.S. v. Djibo, No. 15 CR 88 (SJ)(RER) (E.D.N.Y.) (151 F.3d 297) (December 16, 2015) (Judge Sterling Jr. Johnson) (p None)

Merrill v. Lunch, No. 14-cv-9763 (VM) (S.D.N.Y.) (151 F.Supp.3d 342) (August 28, 2015) (Judge Victor Marrero)

This is a milestone decision involving a key component of the USA Freedom Act that authorizes the use of National Security Letters (NSLs) - a type of sweeping administrative subpoena that various Government agencies can issue without any court supervision and which bar the targeted companies from revealing that such ...

Sophin v. U.S., No. EP-15-CR-418-KC (W.D.Tex.) (153 F.Supp.3d 956) (December 22, 2015) (Judge Kathleen Cardone)

This is a rare common-sense decision in which District Judge Kathleen Cardone rejected a U.S. Border agent’s exaggerated and hysterical claims of forcible interference with his duties, in violation of 18 U.S.C. § 111(a)(1); and vacated the defendant’s misdemeanor conviction before a Magistrate judge for “forcible interference” under § 111(a) ...

U.S. v. Bronstein, No. 15-cr-00048 (CRC) (D.D.C.) (151 F.Supp.3d 31) (December 22, 2015) (Judge Christopher R. Cooper)

Defendants David Bronstein, Matthew Kresling, Yasmina Mrabet, Belinda Rodriguez, and Richard Saffle arrived at the U.S. Supreme Court on the morning of April 1, 2015 to attend an oral-argument session. They passed through an initial security checkpoint, entered the Upper Great Hall, cleared security again, and took their places inside ...

U.S. v. Mutschler, No. CR14-328 TSZ (W.D.Wash.) (152 F.Supp.3d 1332) (January 7, 2016) (Judge Thomas S. Zilly)

This decision presents a bold and novel method of attacking appellate waiver provisions - the key ingredient demanded by the Government as the price of every plea agreement entered in Federal criminal cases. Here, after a lengthy examination and analysis of the history and development of waivers of appellate rights, ...

U.S. v. Djibo, No. 15 CR 88 (SJ)(RER) (E.D.N.Y.) (151 F.3d 297) (December 16, 2015) (Judge Sterling Jr. Johnson)

This is an interesting decision in which District Judge Sterling Johnson granted the defendant’s motion to suppress all evidence seized from his smartphone which was taken from him while he was at an airport attempting to exit the country. In so ruling, the Court relied heavily on the Supreme Court’s ...