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Punch and Jurists: May 30, 2016

Issue PDF
Volume 23, Number 8

In this issue:

  1. U.S. v. Von Behren, No. 15-1033 (10th Cir.) (822 F.3d 1139) (May 10, 2016) (Judge Stephanie K. Seymour) (p None)
  2. U.S. v. Nesbeth, No. 15-cr-18(FB) (E.D.N.Y.) (188 F.Supp.3d 179) (May 24, 2016) (Judge Frederic Block) (p None)
  3. Betterman v. Montana, No. 14-1457 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1609) (May 19, 2016) (Justice Ginsburg) (p None)
  4. Foster v. Chatman, No. 14-8349 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1737) (May 23, 2016) (Justice (John G.) Roberts) (p None)
  5. Luna Torres v. Lynch, No. 14-1096 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1619) (May 16, 2016) (Justice Kagan) (p None)

U.S. v. Von Behren, No. 15-1033 (10th Cir.) (822 F.3d 1139) (May 10, 2016) (Judge Stephanie K. Seymour)

In March 2005, Brian Von Behren was sentenced to 121 months in prison and three years of supervised release for receipt and distribution of child pornography. In March 2014, as he neared release, the probation office petitioned to modify his release conditions. The petition requested several new and revised conditions, ...

U.S. v. Nesbeth, No. 15-cr-18(FB) (E.D.N.Y.) (188 F.Supp.3d 179) (May 24, 2016) (Judge Frederic Block)

The defendant in this case, Chevelle Nesbeth, a 20-year-old college student, while visiting Jamaica at the behest of a boyfriend, agreed to bring back to the United States two suitcases given to her by friends. Unfortunately, the suitcases contained 602 grams of cocaine hidden in the handles. The drugs were ...

Betterman v. Montana, No. 14-1457 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1609) (May 19, 2016) (Justice Ginsburg)

According to the Solicitor General, in an amicus brief filed in thus case, in Federal criminal prosecutions,“the median time between conviction and sentencing in 2014 was 99 days.” Here, the petitioner, Brandon Betterman, was arrested after failing to appear in court on domestic assault charges. After he was charged with ...

Foster v. Chatman, No. 14-8349 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1737) (May 23, 2016) (Justice (John G.) Roberts)

In this decision, the Supreme Court held, by a 7-1 vote, that the conviction and death sentence twenty-nine years ago of a young black man, Timothy Tyrone Foster of Rome, Ga., for murdering and sexually assaulting a 79 year-old white woman, was unconstitutional, based on the prosecution’s use of peremptory ...

Luna Torres v. Lynch, No. 14-1096 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1619) (May 16, 2016) (Justice Kagan)

In this case, the Supreme Court made it vastly easier for the Government to deport persons who are not U.S. citizens if they are convicted of a felony crime of any grade. And, while this decision essentially involves an interpretation of one of the many obtuse Federal immigration laws (a ...