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Punch and Jurists: December 17, 2018

Issue PDF
Volume 25, Number 13

In this issue:

  1. U.S. v. Stitt, No. 17-765 (U.S. Supreme Court) (586 U.S. ___; 139 S.Ct. 399) (December 10, 2018) (Justice Breyer) (p None)
  2. Lobbins v. U.S., No. 15-6386 (6th Cir.) (900 F.3d 799) (August 21, 2018) (Judge Raymond M. Kethledge) (p None)
  3. Matter of Search of [Redacted] WA, DC, No. 18-sw-0122 (GMH) (D.D.C.) (317 F.Supp.3d 523) (June 26, 2018) (Judge Magistrate) (p None)
  4. Abu-Shawish v. U.S., No. 17-1283 (7th Cir.) (898 F.3d 726) (July 31, 2018) (Judge David F. Hamilton) (p None)
  5. U.S. v. Dillingham, No. 1:17-cr-184-AJT (E.D.Va.) (320 F.Supp.3d 809) (May 29, 2018) (Judge Anthony J. Trenga) (p None)

U.S. v. Stitt, No. 17-765 (U.S. Supreme Court) (586 U.S. ___; 139 S.Ct. 399) (December 10, 2018) (Justice Breyer)

Here, the Court unanimously held that the definition of “burglary” under the ACCA encompasses not just “dwellings,” but also any “vehicle that has been adapted or is customarily used for overnight accommodation”

The Supreme Court has once again addressed the much beleaguered Armed Career Criminal Act, 18 U.S.C. § 924(e) ...

Lobbins v. U.S., No. 15-6386 (6th Cir.) (900 F.3d 799) (August 21, 2018) (Judge Raymond M. Kethledge)

In 2009, the Appellant in this case, Jessie Lobbins, was detained in a Tennessee state prison while awaiting trial on Federal charges for murder d other crimes related to his membership in the “Vice Lords” gang. While in prison, he attacked anther inmate, one Maurice Boyd, with a prison shank ...

Matter of Search of [Redacted] WA, DC, No. 18-sw-0122 (GMH) (D.D.C.) (317 F.Supp.3d 523) (June 26, 2018) (Judge Magistrate)

This decision highlights one of the first cases that we have seen in which a court issued a novel Order authorizing the compelled use of a target’s biometric features to unlock cellphones and computers seized under the scope of a search warrant. In issuing that Order, the Court acknowledged that ...

Abu-Shawish v. U.S., No. 17-1283 (7th Cir.) (898 F.3d 726) (July 31, 2018) (Judge David F. Hamilton)

In this comprehensive decision, Judge Hamilton has given us the complete “Certificate of Innocence Guide for Dummies.” He did that in the context of authorizing the issuance of a Certificate of Innocence pursuant to 18 U.S.C. § 2513(b) - a prerequisite to the recovery of damages against the United States ...

U.S. v. Dillingham, No. 1:17-cr-184-AJT (E.D.Va.) (320 F.Supp.3d 809) (May 29, 2018) (Judge Anthony J. Trenga)

This is an interesting decision in which Judge Trenga not only trashed the Government’s case against the Defendant, he also raised a number of interesting legal issues that could be raised by defendants in many child pornography cases.

On August 17, 2017, the Defendant in this case, Jerry Dean Dillingham, ...