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Marinello v. U.S., No. 16-1144 (U.S. Supreme Court) (583 U.S. ___; 138 S.Ct. 1101) (March 21, 2018) (Justice Breyer)

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

Filed under: Punch And Jurists, Knowledge of Illegality

Marinello v. U.S., No. 16-1144 (U.S. Supreme Court) (583 U.S. ___; 138 S.Ct. 1101) (March 21, 2018) (Justice Breyer) by Carlo J. Marinello II was convicted of eight counts of tax evasion and one count of violating a provision of the Internal Revenue Code (“IRC”), 26 U.S.C. §7212(a). That provision …

Taylor v. U.S., No. 14-6166 (U.S. Supreme Court) (579 U.S. ___; 136 S.Ct. 2074) (June 20, 2016) (Justice Alito)

Article • December 26, 2016 • from P&J June, 2016

Filed under: Punch And Jurists, Drug Dealers

Taylor v. U.S., No. 14-6166 (U.S. Supreme Court) (579 U.S. ___; 136 S.Ct. 2074) (June 20, 2016) (Justice Alito) by Believe it or not, Justice Thomas summarized all you need to know about this decision in the opening paragraph of his memorable dissent. He wrote: “The Hobbs Act makes it …

U.S. v. Aleynikov, No. 11-1126 (2nd Cir.) (676 F.3d 71) (April 11, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2012

Filed under: Punch And Jurists, Economic Espionage Act of 1996 (EEA)

U.S. v. Aleynikov, No. 11-1126 (2nd Cir.) (676 F.3d 71) (April 11, 2012) (Judge Dennis G. Jacobs) by In a prosecution of a former Goldman Sachs employee for stealing and transferring some of the proprietary computer source code used in Goldman's high frequency trading (HFT) system in violation of the …

Cheek v. U.S., No. 89-658 (U.S. Supreme Court) (498 U.S. 192; 111 S.Ct. 604) (January 8, 1991) (Justice White)

Article • April 18, 2011

Filed under: Punch And Jurists, Knowledge of Illegality

Cheek v. U.S., No. 89-658 (U.S. Supreme Court) (498 U.S. 192; 111 S.Ct. 604) (January 8, 1991) (Justice White) by In this case the defendant, an airline pilot, claimed he was exempt from federal taxes and sought a complete refund of withheld taxes. He was charged with violating two provisions …

U.S. v. Davis, No. 09-3626-cr (2nd Cir.) (624 F.3d 508) (November 5, 2010) (Judge Jon O. Newman)

Article • December 1, 2010

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Davis, No. 09-3626-cr (2nd Cir.) (624 F.3d 508) (November 5, 2010) (Judge Jon O. Newman) by Defendant's conviction for sexual exploitation of a minor is affirmed where the knowledge of interstate transmission of a visual depiction of a minor, induced to engage in explicit sexual conduct, under 18 …

U.S. v. Abdulle, No. 06-3647-cr (2nd Cir.) (564 F.3d 119) (April 22, 2009) (Judge Sonia Sotomayor)

Article • May 1, 2009 • from P&J June, 2009

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Abdulle, No. 06-3647-cr (2nd Cir.) (564 F.3d 119) (April 22, 2009) (Judge Sonia Sotomayor) by Conviction for drug crimes is affirmed where the evidence was sufficient to show both that defendant knew that cathinone was a controlled substance and that he conspired to possess and distribute that specific …

U.S. v. Hawkins, No. 07-3018-cr (2nd Cir.) (547 F.3d 66) (October 16, 2008) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Hawkins, No. 07-3018-cr (2nd Cir.) (547 F.3d 66) (October 16, 2008) (Judge Chester J. Straub) by Judgment of acquittal notwithstanding the verdict for a cocaine-distribution conspiracy is reversed and remanded where there was sufficient evidence to support the jury's determination that the defendant not only had a buyer-seller …

U.S. v. Heredia, No. 03-10585 (9th Cir.) (483 F.3d 913) (April 30, 2007) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Heredia, No. 03-10585 (9th Cir.) (483 F.3d 913) (April 30, 2007) (Judge Alex Kozinski) by The question whether one can “knowingly” possess drugs without having actual knowledge of it has always vexed defense counsel - and has even confused the courts. More than 30 years ago, the Ninth …

U.S. v. Heredia, No. 03-10585 (9th Cir.) (481 F.3d 1188) (April 2, 2007) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Heredia, No. 03-10585 (9th Cir.) (481 F.3d 1188) (April 2, 2007) (Judge Alex Kozinski) by The question whether one can “knowingly” possess drugs without having actual knowledge of it has always vexed defense counsel - and has even confused the courts. More than 30 years ago, the Ninth …

U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski) by Here, on remand from the Suipreme Court, the Court held that a federal statute criminalizing the possession of homemade machine guns manufactured intrastate was not an unlawful extension of Congress's commerce powers.

U.S. v. Heredia, No. 03-10585 (9th Cir.) (429 F.3d 820) (October 24, 2005) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Heredia, No. 03-10585 (9th Cir.) (429 F.3d 820) (October 24, 2005) (Judge Jay S. Bybee) by Amending and supplementing decision previously reported at 426 F.3d 1226 (9th Cir. Oct. 24, 2005); but this decision was subsequently reversed by an en banc decision reported at 481 F.3d 1188 (9th …

U.S. v. Heredia, No. 03-10585 (9th Cir.) (426 F.3d 1226) (October 24, 2005) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Heredia, No. 03-10585 (9th Cir.) (426 F.3d 1226) (October 24, 2005) (Judge Jay S. Bybee) by U.S. v. Truong, 425 F.3d 1282 (10th Cir. Oct. 17, 2005) (Judge McConnell) U.S. v. Heredia, 426 F.3d 1226 (9th Cir. Oct. 24, 2005) (Judge Bybee) In these two drug cases, the …

Lambert v. California, No. 47 (U.S. Supreme Court) (355 U.S. 225; 78 S.Ct. 240) (December 16, 2057) (Justice Douglas)

Article • September 12, 2002

Filed under: Punch And Jurists, Knowledge of Illegality

Lambert v. California, No. 47 (U.S. Supreme Court) (355 U.S. 225; 78 S.Ct. 240) (December 16, 2057) (Justice Douglas) by In this case, the Court applied a narrow exception to the general maxim "ignorance of the law is no excuse." Here, the Court considered the requirements for conviction of a …

U.S. v. Finkelstein, No. 99-1565 (2nd Cir.) (229 F.3d 90) (October 2, 2000) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Finkelstein, No. 99-1565 (2nd Cir.) (229 F.3d 90) (October 2, 2000) (Judge Amalya Lyle Kearse) by Here the Court held that evidence of a defendant’s conscious avoidance of knowledge that funds underlying a money laundering conviction were proceeds of illegal narcotics activity could be considered in applying a …

U.S. v. Freed, No. 345 (U.S. Supreme Court) (401 U.S. 601; 91 S.Ct. 1112) (April 5, 1971) (Justice Douglas)

Article • September 14, 2000

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Freed, No. 345 (U.S. Supreme Court) (401 U.S. 601; 91 S.Ct. 1112) (April 5, 1971) (Justice Douglas) by Here the Court rejected application of one of the limited exceptions to the rule that ignorance of the law may be a defense (as established in Lambert v. California, 355 …

Bryan v. U.S., No. 96-8422 (U.S. Supreme Court) (524 U.S. 184; 118 S.Ct. 1939) (June 15, 1998) (Justice Stevens)

Article • September 12, 2000

Filed under: Punch And Jurists, Knowledge of Illegality

Bryan v. U.S., No. 96-8422 (U.S. Supreme Court) (524 U.S. 184; 118 S.Ct. 1939) (June 15, 1998) (Justice Stevens) by This is another of a recent series of cases to explore whether ignorance of the law can be an excuse from criminal liability - a concept explored at some length …

U.S. v. Hutzell, No. 99-3719 (8th Cir.) (217 F.3d 966) (July 5, 2000) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Hutzell, No. 99-3719 (8th Cir.) (217 F.3d 966) (July 5, 2000) (Judge Morris Sheppard Arnold) by One of the more controversial statutes that Congress has enacted in recent years was 18 U.S.C. § 922(g)(9) which makes it unlawful for any person who has been convicted in any court …

U.S. v. Wallace, No. 98 CR 681(JBW) (E.D.N.Y.) (40 F.Supp.2d 131) (March 15, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Wallace, No. 98 CR 681(JBW) (E.D.N.Y.) (40 F.Supp.2d 131) (March 15, 1999) (Judge Jack B. Weinstein) by In addition to setting forth in full the jury instructions that were approved in this case, the Court also noted that: "This is nearly a perfect example of a case where …

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson) by The Court also expressly overruled its decision in U.S. v. De Parias, 805 F.3d 1447 (11th Cir. 1986), to the extent that it implied that the Government must prove some "adverse" effect …

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Interstate Commerce

U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by The Court noted that only one Federal appellate court has ruled on the constitutionality of § 922(j), namely the Eighth Circuit in an unpublished decision, U.S. v. Kocourek, 116 F.3d 481, …