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Worman v. Healey, No. 1:17-cv-10107 (D.Mass.) ( F.Supp.3d ) (April 5, 2018) (Judge Joseph H. Young)

Article • March 12, 2018 • from P&J March, 2018

Filed under: Punch And Jurists, Assault Weapons

Worman v. Healey, No. 1:17-cv-10107 (D.Mass.) ( F.Supp.3d ) (April 5, 2018) (Judge Joseph H. Young) by In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court’s landmark Second Amendment decision, the Court struck down a District of Columbia law that made it illegal to possess handguns …

Kolbe v. Hogan, No. 14-1945 (4th Cir.) (813 F.3d 160) (February 4, 2016) (Judge William B. Jr. Traxler)

Article • February 22, 2016 • from P&J February, 2016

Filed under: Punch And Jurists, Assault Weapons

Kolbe v. Hogan, No. 14-1945 (4th Cir.) (813 F.3d 160) (February 4, 2016) (Judge William B. Jr. Traxler) by Here, in a decision that was quickly granted a re-hearing en banc, a sharply divided panel struck down, as unconstitutional, a new Maryland law that banned most citizens from possessing assault …

N.Y.S. Rifle & Pistol Assn. v. Cuomo, No. 14-36-cv (2nd Cir.) (804 F.3d 242) (October 19, 2015) (Judge Jose A. Cabranes)

Article • November 2, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Assault Weapons

N.Y.S. Rifle & Pistol Assn. v. Cuomo, No. 14-36-cv (2nd Cir.) (804 F.3d 242) (October 19, 2015) (Judge Jose A. Cabranes) by In December, 2012, 20-year-old Adam Lanza used three semiautomatic weapons to kill 20 children and six adults,at the Sandy Hook Elementary School in Newtown, Connecticut. In committing that …

Friedman v. City of Highland Park, Ill., No. 14-3091 (7th Cir.) (784 F.3d 406) (April 27, 2015) (Judge Frank H. Easterbrook)

Article • August 17, 2015 • from P&J August, 2015

Filed under: Punch And Jurists, Assault Weapons

Friedman v. City of Highland Park, Ill., No. 14-3091 (7th Cir.) (784 F.3d 406) (April 27, 2015) (Judge Frank H. Easterbrook) by No matter how many deaths are caused every day in the United States by assault weapons with large-capacity magazines, the National Rifle Association (“NRA”) pushes on with almost …

Friedman v. Highlland Park, No. 15-133 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 447) (December 7, 2015) (Per Curiam)

Article • June 29, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Assault Weapons

Friedman v. Highlland Park, No. 15-133 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 447) (December 7, 2015) (Per Curiam) by Usually, it is of little import when the Supreme Court denies certiorari in a given case; after all, it denies certiorari in thousands of cases each year. But the …

U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler)

Article • June 23, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler) by Perhaps no phrase used in the Guidelines has created more uncertainty and confusion than the term “crime of violence” - except possibly the term “relevant conduct.” And, as this decision clearly …

U.S. v. Hurell, No. 06-5653-cr (2nd Cir.) (555 F.3d 122) (January 28, 2009) (Per Curiam)

Article • March 1, 2009 • from P&J March, 2009

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Hurell, No. 06-5653-cr (2nd Cir.) (555 F.3d 122) (January 28, 2009) (Per Curiam) by Three judgments entered after the district court determined that a prior state conviction for burglary in the third degree, and prior convictions for attempted burglary in the third degree were not crimes of violence …

U.S. v. Gray, No. 07-3636-cr (2nd Cir.) (535 F.3d 128) (July 25, 2008) (Judge Richard C. Wesley)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Reckless Endangerment

U.S. v. Gray, No. 07-3636-cr (2nd Cir.) (535 F.3d 128) (July 25, 2008) (Judge Richard C. Wesley) by [Editor's Note: For a commentary on this decision, see "Glitter and Begay," by Steve Statsinger, as posted on the Second Circuit Blog at http://circuit2.blogspot.com/2008/07/glitter-and-begay.html on July 30, 2008, as follows: "In New …

U.S. v. Chambers, No. 06-2405 (7th Cir.) (473 F.3d 724) (January 9, 2007) (Judge Richard A. Posner)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Chambers, No. 06-2405 (7th Cir.) (473 F.3d 724) (January 9, 2007) (Judge Richard A. Posner) by The defendant appealed his sentence of 188 months imposed by the district court following his guilty plea to being a felon in possession of a firearm. The district court sentenced the defendant …

Valencia v. Gonzales, No. 03-72028 (9th Cir.) (439 F.3d 1046) (March 6, 2006) (Judge Carlos T. Bea)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Valencia v. Gonzales, No. 03-72028 (9th Cir.) (439 F.3d 1046) (March 6, 2006) (Judge Carlos T. Bea) by Petitioner, a native and citizen of Peru, sought review of an order from the Board of Immigration Appeals (BIA), which summarily affirmed the immigration judge's (IJ) ruling that petitioner was removable as …

U.S. v. Serna, No. 04-10597 (9th Cir.) (435 F.3d 1046) (January 23, 2006) (Judge Alex Kozinski)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Assault Weapons

U.S. v. Serna, No. 04-10597 (9th Cir.) (435 F.3d 1046) (January 23, 2006) (Judge Alex Kozinski) by Here the Court added another permutation to the nearly endless lore and the unfathomable logic about what constitutes a “crime or violence” by holding that the possession of an assault weapon by a …

U.S. v. Bowers, No. 05-4908 (3rd Cir.) (432 F.3d 518) (December 27, 2005) (Judge Edward R. Becker)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Bowers, No. 05-4908 (3rd Cir.) (432 F.3d 518) (December 27, 2005) (Judge Edward R. Becker) by In another decision that shows the many definitions of violent crimes under Federal law, the Third Circuit concluded "that the crime of felon in possession is not a crime of violence within …

Valencia v. Gonzales, No. 03-72028 (9th Cir.) (431 F.3d 673) (December 12, 2005) (Judge Carlos T. Bea)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Valencia v. Gonzales, No. 03-72028 (9th Cir.) (431 F.3d 673) (December 12, 2005) (Judge Carlos T. Bea) by Once again a Circuit Court has delved into the wacky world of what constitutes a “crime of violence” for purposes of determining whether a alien may be removed from the U.S. under …

Leocal v. Ashcroft, No. 03-583 (U.S. Supreme Court) (543 U.S. 1; 125 S.Ct. 377) (November 9, 2004) (Justice Rehnquist)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Leocal v. Ashcroft, No. 03-583 (U.S. Supreme Court) (543 U.S. 1; 125 S.Ct. 377) (November 9, 2004) (Justice Rehnquist) by State DUI offenses, which either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle, are not crimes of violence …

U.S. v. Charles, No. 01-10113 (5th Cir.) (301 F.3d 309) (July 31, 2002) (Judge E. Grady Jolly)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Charles, No. 01-10113 (5th Cir.) (301 F.3d 309) (July 31, 2002) (Judge E. Grady Jolly) by Here, reversing a prior panel decision, a divided en banc court held that simple theft of an automobile is not a crime of violence as defined in § 4B1.2(a)(2) for purposes of …

U.S. v. Hernandez-Neave, No. 01-50059 (5th Cir.) (291 F.3d 296) (December 21, 2001) (Judge Robert M. Parker)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Hernandez-Neave, No. 01-50059 (5th Cir.) (291 F.3d 296) (December 21, 2001) (Judge Robert M. Parker) by

U.S. v. Jackson, No. 99-10734 (5th Cir.) (220 F.3d 635) (July 26, 2000) (Judge Jerry E. Smith)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Jackson, No. 99-10734 (5th Cir.) (220 F.3d 635) (July 26, 2000) (Judge Jerry E. Smith) by The defendant is this case pled guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). Without any enhancements, the base offense level for illegal …

U.S. v. DeSantiago-Gonzalez, No. 99-50517 (5th Cir.) (207 F.3d 261) (March 30, 2000) (Judge Harold R. Jr. DeMoss)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. DeSantiago-Gonzalez, No. 99-50517 (5th Cir.) (207 F.3d 261) (March 30, 2000) (Judge Harold R. Jr. DeMoss) by Here the Fifth Circuit held that three prior misdemeanor convictions for driving while intoxicated qualified as "crimes of violence" under USSG § 2L1.2(b)(1)(B) to warrant a four level sentencing enhancement in …

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby) by Here the Court held that the BOP was well within its discretion in classifying all § 924(c) crimes as violent crimes for the purpose of denying eligibility to prisoners to participate …

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan) by Here the Court held that a conspiracy to commit robbery that violates the Hobbs Act is a "crime of violence" within the meaning of 18 USC § 924(c)(1) which prescribes using or …