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Punch and Jurists: February 27, 2017

Issue PDF
Volume 24, Number 3

In this issue:

  1. U.S. v. Ledbetter, No. 2:15-CR-080 (S.D.Ohio) (188 F.Supp.3d 674) (May 23, 2016) (Judge Algenon L. Marbley) (p None)
  2. Kolbe v. Hogan, No. 14-1945 (4th Cir.) (849 F.3d 114) (February 21, 2017) (Judge Carolyn Dineen King) (p None)
  3. U.S. v. Mays, No. Crim No. 15-158-1 (E.D.Pa.) (189 F.Supp.3d 496) (May 27, 2016) (Judge Michael M. Baylson) (p None)
  4. U.S. v. Barson, No. 15-20416 (5th Cir.) (845 F.3d 159) (December 16, 2016) (Per Curiam) (p None)
  5. U.S. v. E.L., No. 15-CR-137 (E.D.N.Y.) (188 F.Supp.3d 152) (May 19, 2016) (Judge Jack B. Weinstein) (p None)

U.S. v. Ledbetter, No. 2:15-CR-080 (S.D.Ohio) (188 F.Supp.3d 674) (May 23, 2016) (Judge Algenon L. Marbley)

This is an interesting decision that explores the current legal principles and rules governing the introduction into evidence of a defendant’s gang tattoos in a criminal proceeding.

This case involved the prosecution of a number of the alleged members of a racketeering enterprise known as the “Short North Posse”—a purported ...

Kolbe v. Hogan, No. 14-1945 (4th Cir.) (849 F.3d 114) (February 21, 2017) (Judge Carolyn Dineen King)

Here the Court, sitting en banc, joined at least four other Circuits in holding, by a 10-4 vote, that military style assault weapons (like the AR-15) and detachable large capacity magazines are not protected by the Second Amendment.

In this sweeping en banc decision, the Fourth Circuit held, by a ...

U.S. v. Mays, No. Crim No. 15-158-1 (E.D.Pa.) (189 F.Supp.3d 496) (May 27, 2016) (Judge Michael M. Baylson)

This is a wonderful little gem of a sentencing decision in which a Federal judge not only expressed some real concern “about the Government’s unilateral control” (id., at 501) over the amount of drugs involved in a reverse sting operation - but he actually did something about it.

The Defendant, ...

U.S. v. Barson, No. 15-20416 (5th Cir.) (845 F.3d 159) (December 16, 2016) (Per Curiam)

This Medicare fraud case is noted for its debate (between the majority and the dissent) over the proper interpretation of the term “victim” as used both in general for sentencing enhancement purposes, and more particularly with respect to the provisions of U.S.S.G. § 2B1.1(b)(2)(C), which calls for a six-level sentence ...

U.S. v. E.L., No. 15-CR-137 (E.D.N.Y.) (188 F.Supp.3d 152) (May 19, 2016) (Judge Jack B. Weinstein)

This is the third in a series of remarkable decisions sentencing decisions recently authored by Judge Weinstein, each of which demonstrate compassionate and creative ways of addressing “the excessive incarceratory terms recommended by the Sentencing Commission” in child pornography cases. (See also, U.S. v. R.V., 157 F.Supp.3d 207 (E.D.N.Y. Jan. ...