Search | Punch and Jurists

Suarez v. Holder, No. 1:14-CV-968 (M.D.Pa.) ( F.Supp.3d ) (February 18, 2015) (Judge William W. Caldwell)

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

Filed under: Punch And Jurists, Felon in Possession Statute

Suarez v. Holder, No. 1:14-CV-968 (M.D.Pa.) ( F.Supp.3d ) (February 18, 2015) (Judge William W. Caldwell) by In District of Columbia v. Heller, 554 U.S., 570 (2008), the Supreme Court’s landmark decision on the scope of the Second Amendment, it wrote in part: “Like most rights, the right secured by …

U.S. v. Mason, No. 11-544 (2nd Cir.) (692 F.3d 178) (September 4, 2012) (Judge Rosemary S. Pooler)

Article • December 1, 2012

Filed under: Punch And Jurists, Lawful Sporting Purposes Exception

U.S. v. Mason, No. 11-544 (2nd Cir.) (692 F.3d 178) (September 4, 2012) (Judge Rosemary S. Pooler) by In a conviction of defendant for being a felon in possession of a firearm, district court's imposition of a 33-month sentence is affirmed, where although the district court misinterpreted the Guideline by …

U.S. v. Zaleski, No. 11-660-cr (L) (2nd Cir.) (686 F.3d 90) (July 13, 2012) (Judge Raymond J. Jr. Lohier)

Article • August 6, 2012 • from P&J August, 2012

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Zaleski, No. 11-660-cr (L) (2nd Cir.) (686 F.3d 90) (July 13, 2012) (Judge Raymond J. Jr. Lohier) by The defendant in this case, Alan Zaleski, owned and kept at his home in Berlin, CT, a large cache of firearms, ammunition and explosives. Although most of those weapons were …

U.S. v. Kulick, No. 09-3833 (3rd Cir.) (629 F.3d 165) (December 29, 2010) (Judge D. Michael Fisher)

Article • March 21, 2011 • from P&J March, 2011

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Kulick, No. 09-3833 (3rd Cir.) (629 F.3d 165) (December 29, 2010) (Judge D. Michael Fisher) by Anytime a court limits the scope and reach of the ubiquitous and far-reaching tentacles of the Guidelines’ “relevant conduct” provisions, that is a noteworthy ruling. And that is precisely what the Third …

U.S. v. Barton, No. 09-2211 (3rd Cir.) (633 F.3d 168) (March 4, 2011) (Judge Thomas Michael Hardiman)

Article • March 7, 2011 • from P&J March, 2011

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Barton, No. 09-2211 (3rd Cir.) (633 F.3d 168) (March 4, 2011) (Judge Thomas Michael Hardiman) by In this decision, the Third Circuit set forth one of the most detailed and thoughtful analyses we have seen to date of an “as applied” challenge to the constitutionality of the Federal …

U.S. v. Johnson, No. 08-5245-cr (2nd Cir.) (616 F.3d 85) (August 2, 2010) (Judge Jose A. Cabranes)

Article • October 1, 2010

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Johnson, No. 08-5245-cr (2nd Cir.) (616 F.3d 85) (August 2, 2010) (Judge Jose A. Cabranes) by Defendant's sentence for being a felon in possession of a firearm is affirmed where a violation of Connecticut General Statute section 53a-179b (Rioting at a correctional institution) qualified as a "violent felony" …

U.S. v. Williams, No. 09-3174 (7th Cir.) (616 F.3d 685) (August 5, 2010) (Judge Michael S. Kanne)

Article • August 9, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Williams, No. 09-3174 (7th Cir.) (616 F.3d 685) (August 5, 2010) (Judge Michael S. Kanne) by Here the Court rejected a Second Amendment challenge to the constitutional validity of 18 U.S.C. § 922(g)(1), which bars all convicted felons from possessing firearms, but suggested that a challenge to that …

U.S. v. Brown, No. 06-cr-071-1-2-SM (D.N.H.) (754 F.Supp.2d 311) (April 9, 2010) (Judge Steven J. McAuliffe)

Article • May 3, 2010 • from P&J May, 2010

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Brown, No. 06-cr-071-1-2-SM (D.N.H.) (754 F.Supp.2d 311) (April 9, 2010) (Judge Steven J. McAuliffe) by Here the Court rejected the Government’s patently absurd proposition that a person who is convicted of a non-firearms related felony can no longer divest himself of legal title to any firearms he legally …

U.S. v. Johnson, No. 05-10708 (9th Cir.) (459 F.3d 990) (August 29, 2006) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Johnson, No. 05-10708 (9th Cir.) (459 F.3d 990) (August 29, 2006) (Judge Diarmuid F. O'Scannlain) by In this case, the Court was asked to decide whether there exists an "innocent possession" defense that would excuse a defendant for being a felon in possession of a firearm if he …

U.S. v. Chenowith, No. 05-20636 (5th Cir.) (459 F.3d 635) (August 8, 2006) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Certificate of Relief from Civil Disabilities

U.S. v. Chenowith, No. 05-20636 (5th Cir.) (459 F.3d 635) (August 8, 2006) (Judge Rhesa Hawkins Barksdale) by Defendant's conviction and sentence for being a felon in possession of a firearm is vacated pursuant to a claim that the district court erred in denying his motion to dismiss his indictment …

U.S. v. Gilbert, No. 04-5004 (4th Cir.) (430 F.3d 215) (November 28, 2005) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Gilbert, No. 04-5004 (4th Cir.) (430 F.3d 215) (November 28, 2005) (Judge J. Harvie III Wilkinson) by Defendant appealed from the judgment of the United States District Court for the Western District of Virginia, at Roanoke, convicting him of being a felon in possession of a firearm. Defendant …

U.S. v. Scott, No. 04-4649 (4th Cir.) (424 F.3d 431) (September 20, 2005) (Judge M. Blane Michael)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Scott, No. 04-4649 (4th Cir.) (424 F.3d 431) (September 20, 2005) (Judge M. Blane Michael) by The defendant in this case. Benjamin Scott, was convicted of being a felon-in-possession of a gun in violation of 18 U.S.C. § 922(g)(1), based on a theory of constructive possession of the …

U.S. v. Ross, No. 04-2124 (7th Cir.) (412 F.3d 771) (June 20, 2005) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Ross, No. 04-2124 (7th Cir.) (412 F.3d 771) (June 20, 2005) (Judge Terrence T. Evans) by In a case that must be read to realize the full import of the trial court’s blind acceptance of the Government’s case, the Seventh Circuit vacated the defendant’s conviction for being a …

U.S. v. Holmes, No. 04-1007 (8th Cir.) (413 F.3d 770) (July 7, 2005) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Holmes, No. 04-1007 (8th Cir.) (413 F.3d 770) (July 7, 2005) (Judge Michael J. Melloy) by Here the Court vacated a conviction for being a felon in possession of a firearm on the grounds that the prosecutor engaged in “highly improper” conduct by stating, during the rebuttal phase …

Scarborough v. U.S., No. 75-1344 (U.S. Supreme Court) (431 U.S. 563; 97 S.Ct. 1963) (June 6, 1977) (Justice Marshall)

Article • April 15, 2001

Filed under: Punch And Jurists, Felon in Possession Statute

Scarborough v. U.S., No. 75-1344 (U.S. Supreme Court) (431 U.S. 563; 97 S.Ct. 1963) (June 6, 1977) (Justice Marshall) by Here the court held that in order to convict a felon of unlawful possession of a firearm under the predecessor statute to 18 USC § 922(g)(1) the Government only has …

U.S. v. Martin, No. 98-3569 (8th Cir.) (180 F.3d 965) (June 10, 1999) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Martin, No. 98-3569 (8th Cir.) (180 F.3d 965) (June 10, 1999) (Judge C. Arlen Beam) by The Court firmly held that "Knoweldge of the possible location of a firearm . . . is not a showing of power and intention to exercise dominion and control over an object" …

U.S. v. Qualls, No. 95-50378 (9th Cir.) (172 F.3d 1136) (April 15, 1999) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Qualls, No. 95-50378 (9th Cir.) (172 F.3d 1136) (April 15, 1999) (Judge Cynthia Holcomb Hall) by On remand from the Supreme Court, the Ninth Circuit affirmed the defendant's conviction in light of Caron v. U.S., 524 U.S. 308 (1998), and held that retroactive application of the Supreme Court's …

U.S. v. Richardson, No. 98-30168 (5th Cir.) (168 F.3d 836) (March 1, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Richardson, No. 98-30168 (5th Cir.) (168 F.3d 836) (March 1, 1999) (Per Curiam) by The Court rejected the defendant's argument that notice of the firearm prohibition must expressly appear on the face of the pardon itself - and particularly noted that a letter he received as part of …

U.S. v. Gilliam, No. 97-3084 (D.C. Cir.) (167 F.3d 628) (February 26, 1999) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Gilliam, No. 97-3084 (D.C. Cir.) (167 F.3d 628) (February 26, 1999) (Judge Judith W. Rogers) by Here the Court reversed a conviction for possession of a firearm by a convicted felon because the Government failed to put into evidence a copy of the defendant's felony coၮviction which it …

U.S. v. Jester, No. 97-2597 (7th Cir.) (139 F.3d 1168) (April 6, 1998) (Judge Joel L. Flaum)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Jester, No. 97-2597 (7th Cir.) (139 F.3d 1168) (April 6, 1998) (Judge Joel L. Flaum) by Case held that exemption portion of statute, permitting some classes of felons to own guns, does not violate the Equal Protection Clause. Among its holdings in this case, the Court ruled that …