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Punch and Jurists: February 25, 2019

Issue PDF
Volume 26, Number 2

In this issue:

  1. U.S. v. Machado-Erazo, No. 15-3040 (D.C. Cir.) (901 F.3d 326) (April 10, 2018) (Judge Robert Leon. Wilkins) (p None)
  2. Stokeling v. U.S., No. 17-5554 (U.S. Supreme Court) (586 U.S. ___; 139 S.Ct. 544) (January 15, 2019) (Justice Thomas) (p None)
  3. U.S. v. Gray, No. 18-30022 (9th Cir.) (905 F.3d 1145) (October 3, 2018) (Per Curiam) (p None)
  4. U.S. v. Pineda-Mateo, No. 17-1857 (1st Cir.) (905 F.3d 13) (September 18, 2018) (Judge Juan R. Torruella) (p None)
  5. U.S. v. Miles, No. `8-1172 (10th Cir.) (902 F.3d 1159) (August 29, 2028) (Per Curiam) (p None)

U.S. v. Machado-Erazo, No. 15-3040 (D.C. Cir.) (901 F.3d 326) (April 10, 2018) (Judge Robert Leon. Wilkins)

This appeal involves the convictions and sentences of three members of the MS-13 Gang for various crimes committed in and around the District of Columbia, including conspiracy to violate the Racketeer Influenced and Corrupt Organizations ("RICO") statute, in violation of 18 U.S.C. § 1962(d), and several murders. Two of the ...

Stokeling v. U.S., No. 17-5554 (U.S. Supreme Court) (586 U.S. ___; 139 S.Ct. 544) (January 15, 2019) (Justice Thomas)

This is another in the Supreme Court’s seemingly never-ending stream of cases that addresses what constitutes a “violent felony” within the meaning of the Armed Career Criminal Act, 18 U.S.C. § 922(g) (“ACCA”). The ACCA requires the imposition of a mandatory minimum sentence of at least 15 years for persons ...

U.S. v. Gray, No. 18-30022 (9th Cir.) (905 F.3d 1145) (October 3, 2018) (Per Curiam)

The defendant in this case, Ashley Lynn Gray, appealed her 20-month sentence imposed following revocation of her term of supervised release. Her sentencing in this case is instructive because it highlights some of the common practices accorded to defendants when being sentenced for revocation of supervised release where the courts ...

U.S. v. Pineda-Mateo, No. 17-1857 (1st Cir.) (905 F.3d 13) (September 18, 2018) (Judge Juan R. Torruella)

This is an interesting decision in which the First Circuit was called upon to decide an issue of first impression for that Circuit, namely, whether to recognize a “joint participant” exception to the spousal testimonial privilege. The spousal testimonial privilege is an evidentiary privilege that protects a defendant's spouse from ...

U.S. v. Miles, No. `8-1172 (10th Cir.) (902 F.3d 1159) (August 29, 2028) (Per Curiam)

Here the Court held joined with most of the other Circuits in holding that a plea waiver provision in a plea agreement is not rendered unconscionable as contrary to public policy where it limited the Defendant’s, but not the Government’s, appeal rights.

In this case, the Tenth Circuit addressed an ...