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Punch and Jurists: December 26, 2016

Issue PDF
Volume 23, Number 20

In this issue:

  1. Tyler v. Hillsdale Co. Sheriff's Dept., No. 13-1876 (6th Cir.) (837 F.3d 678) (September 15, 2016) (Judge Julia Smith Gibbons) (p None)
  2. Ackerman, No. 14-3265 (10th Cir.) (831 F.3d 1292) (August 5, 2016) (Judge Neil M. Gorsuch) (p None)
  3. Shaw v. U.S., No. 15-5991 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 462) (December 12, 2016) (Justice Breyer) (p None)
  4. El-Shaddai v. Zamora, No. 13-56104 (9th Cir.) (833 F.3d 1036) (August 12, 2016) (Judge Milan D. Jr. Smith) (p None)
  5. Binderup v. Atty. Gen. U.S. of America, No. 14-4550 (3rd Cir.) (836 F.3d 336) (September 1, 2016) (Judge Thomas L. Ambro) (p None)

Tyler v. Hillsdale Co. Sheriff's Dept., No. 13-1876 (6th Cir.) (837 F.3d 678) (September 15, 2016) (Judge Julia Smith Gibbons)

Since 1968, one of the mainstays of the Federal Gun Control Act has been 18 U.S.C. § 922(g)(4), which prohibits any person “who has been adjudicated as a mental defective or who has been committed to mental institution” from shipping, transporting, receiving or possessing a firearm or ammunition.” Then, in ...

Ackerman, No. 14-3265 (10th Cir.) (831 F.3d 1292) (August 5, 2016) (Judge Neil M. Gorsuch)

Here the Court held that the National Center for Missing and Exploited Children (NCMEC) qualified as a "government entity" to which the Fourth Amendment applied, based on its statutory duty to investigate and inspect child pornography.

This is an interesting decision about the interplay between Federal Government and the National ...

Shaw v. U.S., No. 15-5991 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 462) (December 12, 2016) (Justice Breyer)

Here a unanimous Court rejected the petitioner’s arguments that 18 U.S.C. § 1344, which covers schemes to deprive a bank of money in a customer’s deposit account, did not apply to him because he intended to cheat only a bank depositor, not a bank.

The Federal Bank Fraud Act (18 ...

El-Shaddai v. Zamora, No. 13-56104 (9th Cir.) (833 F.3d 1036) (August 12, 2016) (Judge Milan D. Jr. Smith)

This is a case that reminds us of the prophetic words of Justice Brennan who once described the cruel and forgotten world of prisons with these words:

“Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they exist in a shadow world that ...

Binderup v. Atty. Gen. U.S. of America, No. 14-4550 (3rd Cir.) (836 F.3d 336) (September 1, 2016) (Judge Thomas L. Ambro)

The Third Circuit broke new grounds in this case by becoming the first Circuit court to place significant limitations on the reach of one of the Government’s oldest and most frequently invoked restrictions on gun ownership by convicted felons - namely the Federal Gun Control Act, 18 U.S.C. § 922(g)(1). ...