Punch and Jurists: February 13, 2017

Volume 24, Number 2

In this issue:

U.S. v. Werdene, No. Crim. No. 15-434 (E.D.Pa.) (188 F.Supp.3d 431) (May 18, 2016) (Judge Gewrald J. Pappert) (p None)
U.S. v. Levin, No. 15-10271-WGY (D.Mass.) (186 F.Supp.3d 26) (May 5, 2016) (Judge William G. Young) (p None)
Wollschlaeger v. Gov., State of Florida, No. 12-14009 (11th Cir.) ( F.3d ) (February 16, 2017) (Judge Various) (p None)
U.S. v. Castro, No. 15-11059 (5th Cir.) (843 F.3d 608) (December 12, 2016) (Judge E. Grady Jolly) (p None)
U.S. v. Fattah, No. Crim. No. 15-346 (E.D.Pa.) (187 F.Supp.3d 563) (May 11, 2017) (Judge Harvey III Bartle) (p None)
U.S. v. Ferguson, No. 15-3753 (7th Cir.) (831 F.3d 850) (August 3, 2016) (Judge David F. Hamilton) (p None)

U.S. v. Werdene, No. Crim. No. 15-434 (E.D.Pa.) (188 F.Supp.3d 431) (May 18, 2016) (Judge Gewrald J. Pappert)

Loaded on Feb. 12, 2017 published in Punch and Jurists February 13, 2017

Filed under: Punch And Jurists, Network Investigative Technique ("NIT").

U.S. v. Levin, 186 F.Supp.3d 26 (D.Mass. May 5, 2016) (District Judge William Young)
U.S. v. Werdene, 188 F.Supp.3d 431 (E.D.Pa. May 18, 2016) (District Judge Gerald Pappert)

Up to now, there have been a number of unpublished decisions addressing the validity of child porn searches based on what has …

U.S. v. Levin, No. 15-10271-WGY (D.Mass.) (186 F.Supp.3d 26) (May 5, 2016) (Judge William G. Young)

Loaded on Feb. 12, 2017 published in Punch and Jurists February 13, 2017

Filed under: Punch And Jurists, Network Investigative Technique ("NIT").

Wollschlaeger v. Gov., State of Florida, No. 12-14009 (11th Cir.) ( F.3d ) (February 16, 2017) (Judge Various)

Loaded on Feb. 12, 2017 published in Punch and Jurists February 13, 2017

Filed under: Punch And Jurists.

U.S. v. Castro, No. 15-11059 (5th Cir.) (843 F.3d 608) (December 12, 2016) (Judge E. Grady Jolly)

Loaded on Feb. 12, 2017 published in Punch and Jurists February 13, 2017

Filed under: Punch And Jurists, Guideline Amendment 794.

The Sentencing Guidelines contain a number of “Role in the Offense” provisions that recommend adjustments to a defendant’s offense level depending on the role that the defendant played in committing his offense of conviction. One of those adjustments recommends a decrease in a defendant’s offense level if he was a …

U.S. v. Fattah, No. Crim. No. 15-346 (E.D.Pa.) (187 F.Supp.3d 563) (May 11, 2017) (Judge Harvey III Bartle)

Loaded on Feb. 12, 2017 published in Punch and Jurists February 13, 2017

Filed under: Punch And Jurists, Mental Health Records.

In this case, Judge Bartle granted the Government’s motion to quash a subpoena duces tecum served by defense counsel seeking the mental health records of a cooperating witness (“CW”) with a bipolar disorder. In granting the motion, Judge Bartle reasoned that “whatever the circumstances may be with other persons suffering …

U.S. v. Ferguson, No. 15-3753 (7th Cir.) (831 F.3d 850) (August 3, 2016) (Judge David F. Hamilton)

Loaded on Feb. 12, 2017 published in Punch and Jurists February 13, 2017

Filed under: Punch And Jurists, Failure to Explain.

This is an exemplary sentencing decision in which the Court vacated a sentence of 600 months (which represented an increase of more that 31 years above the top of the Guidelines sentencing range - or “GSR”) because the district court committed procedural error by failing to provide either (a) a …