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Punch and Jurists

Punch and Jurists: May 28, 2018

Issue PDF
Volume 25, Number 7

In this issue:

  1. Collins v. Virginia, No. 16-1027 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1663) (May 29, 2018) (Justice Sotomayor) (p None)
  2. Hughes v. U.S., No. 17-155 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1765) (June 4, 2018) (Justice Kennedy) (p None)
  3. Koons v. U.S., No. 17-5716 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1783) (June 4, 2018) (Justice Alito) (p None)
  4. U.S. v. Russell, No. 1:16-cr-00396-GHW (S.D.N.Y.) ( F.Supp.3d ) (May 4, 2018) (Judge Gregory H. Woods) (p None)
  5. U.S. v. Nawanna, No. CR-17-4019-MWB (N.D.Iowa) ( F.Supp.3d ) (May 1, 2018) (Judge Mark W. Bennett) (p None)
  6. Lagos v. U.S., No. 16-1519 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1684) (May 29, 2018) (Justice Breyer) (p None)
  7. U.S. v. Harry, No. CR17-1017-LTS (N.D.Iowa) ( F.Supp.3d ) (June 6, 2018) (Judge Leonard T. Strand) (p None)

Collins v. Virginia, No. 16-1027 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1663) (May 29, 2018) (Justice Sotomayor)

Loaded on May 28, 2018 published in Punch and Jurists May 28, 2018
Filed under: Punch And Jurists, Automobile Exception.

This decision addressed a question at the intersection of two important components of the Supreme Court’s Fourth Amendment jurisprudence: the automobile exception to the warrant requirement and the protection extended to the curtilage of a home. More specifically, the question at issue was whether the automobile exception to the Fourth ...

Hughes v. U.S., No. 17-155 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1765) (June 4, 2018) (Justice Kennedy)

Loaded on May 28, 2018 published in Punch and Jurists May 28, 2018
Filed under: Punch And Jurists, Type C Plea Agreement.

In 2013, Erik Hughes was indicted for conspiracy with intent to distribute at least 500 grams of methamphetamine and being a felon in possession of a firearm. Although Hughes’s Guideline sentencing range (GSR) was 188 to 235 months, Hughes was sentenced to 150 months after the Court accepted his Type ...

Koons v. U.S., No. 17-5716 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1783) (June 4, 2018) (Justice Alito)

Loaded on May 28, 2018 published in Punch and Jurists May 28, 2018
Filed under: Punch And Jurists, Based on a sentencing range subsequently lowered by the Sentencing Commission.

In the Spring of 2014, the U.S. Sentencing Commission submitted to Congress its much ballyhooed sentence reduction program for drug trafficking offenders by changing how the base offense levels in the drug or chemical quantity tables in sections 2D1.1 and 2D1.11 of the Guidelines Manual incorporate the statutory mandatory minimum ...

U.S. v. Russell, No. 1:16-cr-00396-GHW (S.D.N.Y.) ( F.Supp.3d ) (May 4, 2018) (Judge Gregory H. Woods)

Loaded on May 28, 2018 published in Punch and Jurists May 28, 2018
Filed under: Punch And Jurists.

Here the Court granted a defense motion for a new trial after finding that the Government’s “inadvertent failure” to provide Jencks Act materials to defense counsel until after the trial was over did not constitute harmless error.

Jamal Russell was one of twenty-one defendants indicted in connection with a conspiracy ...

U.S. v. Nawanna, No. CR-17-4019-MWB (N.D.Iowa) ( F.Supp.3d ) (May 1, 2018) (Judge Mark W. Bennett)

Loaded on May 28, 2018 published in Punch and Jurists May 28, 2018
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence.

U.S. v. Nawanna, CR-17-4019 (N.D.Iowa May 1, 2018) (District Judge Mark Bennett)
U.S. v. Harry, CR-17-1017 4019 (N.D.Iowa June 6, 2018) (District Judge Leonard Strand)

In these two cases, different judges in the Northern District of Iowa announced that they disagree, on policy grounds, with the Guidelines’ treatment of methamphetamine ...

Lagos v. U.S., No. 16-1519 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1684) (May 29, 2018) (Justice Breyer)

Loaded on May 28, 2018 published in Punch and Jurists May 28, 2018
Filed under: Punch And Jurists, Investigation Costs.

In this case, the Supreme Court addressed the following question: Does the Mandatory Victims Restitution Act, pursuant to 18 U.S.C. § 3663A(b)(4), cover costs that were neither “required nor requested” by the Government, including costs incurred for the victim’s own purposes and that were not prompted by any official government ...

U.S. v. Harry, No. CR17-1017-LTS (N.D.Iowa) ( F.Supp.3d ) (June 6, 2018) (Judge Leonard T. Strand)

Loaded on May 28, 2018 published in Punch and Jurists May 28, 2018
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence.

U.S. v. Nawanna, CR-17-4019 (N.D.Iowa May 1, 2018) (District Judge Mark Bennett)
U.S. v. Harry, CR-17-1017 4019 (N.D.Iowa June 6, 2018) (District Judge Leonard Strand)

In these two cases, different judges in the Northern District of Iowa announced that they disagree, on policy grounds, with the Guidelines’ treatment of methamphetamine ...