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Punch and Jurists: October 16, 2017

Issue PDF
Volume 24, Number 17

In this issue:

  1. U.S. v. Doe, No. 15-50259 (9th Cir.) (870 F.3d 991) (September 12, 2017) (Judge Morgan Christen) (p None)
  2. Porter v. Clarke, No. 16-7044 (4th Cir.) (852 F.3d 358) (March 24, 2017) (Judge James A. Jr. Wynn) (p None)
  3. U.S. v. $31,000 in U.S. Currency, No. 16-4279 (6th Cir.) (872 F.3d 342) (September 20, 2017) (Judge Alice M. Batchelder) (p None)
  4. U.S. v. Maclaren, No. 16-6291 (4th Cir.) (866 F.3d 212) (August 2, 2017) (Judge Albert Diaz) (p None)
  5. U.S. v. Jones, No. 15-1518-cr (2nd Cir.) (878 F.3d 10) (October 5, 2017) (Judge John M. Jr. Walker) (p None)

U.S. v. Doe, No. 15-50259 (9th Cir.) (870 F.3d 991) (September 12, 2017) (Judge Morgan Christen)

The Defendant in this case, who was identified as “John Doe” for security purposes, pled guilty to importing a controlled substances into the United States; and, as provided in his plea agreement, he cooperated with the Government, providing “detailed, verifiable information to the Government about members of an international drug ...

Porter v. Clarke, No. 16-7044 (4th Cir.) (852 F.3d 358) (March 24, 2017) (Judge James A. Jr. Wynn)

This is an interesting decision in which the Fourth Circuit vacated a district court ruling that dismissed a Bivens action against prison officials over the conditions of confinement of death row inmates at several Virginia prisons. Essentially, the Court rejected the district court’s conclusion that the prisons’ voluntary cessation of ...

U.S. v. $31,000 in U.S. Currency, No. 16-4279 (6th Cir.) (872 F.3d 342) (September 20, 2017) (Judge Alice M. Batchelder)

Here the Court firmly rejected the Government’s contention that a claimant to property seized by the Government under 21 U.S.C. § 881 can be denied “statutory standing” if he or she merely asserts a bare ownership in the res that is subject to forfeiture

Even as Congress and the public ...

U.S. v. Maclaren, No. 16-6291 (4th Cir.) (866 F.3d 212) (August 2, 2017) (Judge Albert Diaz)

Probably no provision of the Adam Walsh Child Protection and Safety Act of 2006 Is more controversial or more contested than the provisions of 18 U.S.C. § 4248, which authorizes the Federal government to initiate civil commitment proceedings for any Federal prisoner who is deemed to be a "sexually dangerous ...

U.S. v. Jones, No. 15-1518-cr (2nd Cir.) (878 F.3d 10) (October 5, 2017) (Judge John M. Jr. Walker)

This decision is noted as an example of the crocodile tears often shed by Federal judges after endorsing a Guideline sentence that is admittedly absurd and unjust, perhaps as a way of cleansing their consciences. But this decision is also noted for its rare - and exceedingly strange reference (in ...