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Punch and Jurists: November 21, 2016

Issue PDF
Volume 23, Number 18

In this issue:

  1. U.S. v. Ornelas, No. 14-50533 (9th Cir.) (828 F.3d 1018) (May 4, 2016) (Judge Timothy M. Tymkovich) (p None)
  2. Fields v. City of Philadelphia, No. Civil No. 14-4424 (E.D.Pa.) (166 F.Supp.3d 528) (February 19, 2016) (Judge Mark A. Kearney) (p None)
  3. Smith v. Hickenlooper, No. 15-cv-00462-WYD-NYW (D.Colo.) (164 F.Supp.3d 1286) (February 26, 2016) (Judge Wiley Daniel) (p None)
  4. U.S. v. Boatrite, No. Crim. No. 5:15CR57 (N.D.W.Va.) (165 F.Supp.3d 484) (February 22, 2016) (Judge Frederick P. Jr. Stamp) (p None)
  5. U.S. v. Holley, No. 15-40360 (5th Cir.) (831 F.3d 322) (July 27, 2016) (Judge Patrick E. Higginbotham) (p None)
  6. U.S. v. Smith, No. 14-CR-00115 (E.D.N.Y.) (155 F.Supp.3d 260) (January 11, 2016) (Judge Jack B. Weinstein) (p None)

U.S. v. Ornelas, No. 14-50533 (9th Cir.) (828 F.3d 1018) (May 4, 2016) (Judge Timothy M. Tymkovich)

Israel Ornelas was arrested in 2013 by federal law enforcement after DEA agents observed Ornelas's involvement in the purchase of methamphetamine. At the time, Ornelas and four co-defendants had already been indicted for conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. After his arrest, Ornelas …

Fields v. City of Philadelphia, No. Civil No. 14-4424 (E.D.Pa.) (166 F.Supp.3d 528) (February 19, 2016) (Judge Mark A. Kearney)

The narrow question before the Court in this case was whether citizens enjoy a First Amendment right to photograph police absent any criticism or challenge to police conduct. In addressing that question, the Court wrote:

“In two incidents a year apart, Philadelphia police officers possibly violated the Fourth Amendment when …

Smith v. Hickenlooper, No. 15-cv-00462-WYD-NYW (D.Colo.) (164 F.Supp.3d 1286) (February 26, 2016) (Judge Wiley Daniel)

Twenty-six states and the District of Columbia currently have laws legalizing marijuana in some form; and that number will soon grow to 29, after three more states recently passed measures permitting the use of medical marijuana. Seven of those states and the District of Columbia have adopted more expansive laws …

U.S. v. Boatrite, No. Crim. No. 5:15CR57 (N.D.W.Va.) (165 F.Supp.3d 484) (February 22, 2016) (Judge Frederick P. Jr. Stamp)

This is an interesting decision that exposes some of the realities of the “voluntariness” of written consents to search that are given in today’s world of massive and intimidating SWAT team raids. In this case, District Judge Stamp affirmed a magistrate judge’s finding that a written consent to search the …

U.S. v. Holley, No. 15-40360 (5th Cir.) (831 F.3d 322) (July 27, 2016) (Judge Patrick E. Higginbotham)

In 2014, a Texas jury convicted James Holley of three crimes: conspiracy to commit a drug trafficking crime, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. After he was sentenced to 185 months in prison, he appealed, arguing …

U.S. v. Smith, No. 14-CR-00115 (E.D.N.Y.) (155 F.Supp.3d 260) (January 11, 2016) (Judge Jack B. Weinstein)

This is another in a long list of sentencing gems from Judge Weinstein. Here, Judge Weinstein imposed a sentence of “time served” on a mother of three children who pled guilty to “the serious offense of conspiracy to import heroin” after concluding that “the negative impact of an incareratory sentence …