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U.S. v. Kassar, No. 09-1051-cr (2nd Cir.) (660 F.3d 108) (September 21, 2011) (Judge Dennis G. Jacobs)

Article • December 1, 2011

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Kassar, No. 09-1051-cr (2nd Cir.) (660 F.3d 108) (September 21, 2011) (Judge Dennis G. Jacobs) by Court upholds arms dealer's conviction, rejecting claims of outrageous Government conduct and entrapment. In an appeal from a judgment of the district court convicting defendants of conspiring to kill U.S. officers, to …

U.S. v. Lopez-Vanegas, No. 05-15021 (11th Cir.) (493 F.3d 1305) (July 26, 2007) (Judge Donald E. Walter)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Lopez-Vanegas, No. 05-15021 (11th Cir.) (493 F.3d 1305) (July 26, 2007) (Judge Donald E. Walter) by The defendants in this case, Doris Salazar ("Salazar") and Ivan Lopez-Vanegas ("Lopez") appealed their convictions on one count each of conspiracy to possess with the intent to distribute five kilograms or more …

U.S. v. Frank, No. 04-20778-CR-JORDAN (S.D.Fla.) (486 F.Supp.2d 1353) (May 4, 2007) (Judge Adalberto Jose Jordan)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Frank, No. 04-20778-CR-JORDAN (S.D.Fla.) (486 F.Supp.2d 1353) (May 4, 2007) (Judge Adalberto Jose Jordan) by Kent Frank, an American citizen, was indicted for traveling to Cambodia on five occasions to engage in illicit sexual conduct in that country with various females under the age of 18. The charges …

U.S. v. Clark, No. 04-30249 (9th Cir.) (435 F.3d 1100) (January 25, 2006) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Clark, No. 04-30249 (9th Cir.) (435 F.3d 1100) (January 25, 2006) (Judge M. Margaret McKeown) by In an important ruling that signals a new approach to dealing with child sex crimes, the Ninth Circuit addressed an issue of first impression regarding the scope of Congress’ authority under the …

McNally v. U.S., No. 86-234 (U.S. Supreme Court) (483 U.S. 350; 107 S.Ct. 2875) (June 24, 1987) (Justice White)

Article • October 6, 2005

Filed under: Punch And Jurists, Honest Services Fraud

McNally v. U.S., No. 86-234 (U.S. Supreme Court) (483 U.S. 350; 107 S.Ct. 2875) (June 24, 1987) (Justice White) by This decision led directly to the enactment by Congress of 18 U.S.C. § 1346 - the provision within the mail fraud statutes that covers the “intangible right to honest services.” …

Small v. U.S., No. 03-750 (U.S. Supreme Court) (544 U.S. 385; 125 S.Ct. 1752) (April 26, 2005) (Justice Breyer)

Article • April 1, 2005 • from P&J May, 2003

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

Small v. U.S., No. 03-750 (U.S. Supreme Court) (544 U.S. 385; 125 S.Ct. 1752) (April 26, 2005) (Justice Breyer) by In this case, the Supreme Court held, by a vote of 5-to-3, that conviction in a foreign court is not the kind of conviction which U.S. law treats as a …

Pasquantino v. U.S., No. 03-725 (U.S. Supreme Court) (544 U.S. 349; 125 S.Ct. 1766) (April 26, 2005) (Justice Thomas)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

Pasquantino v. U.S., No. 03-725 (U.S. Supreme Court) (544 U.S. 349; 125 S.Ct. 1766) (April 26, 2005) (Justice Thomas) by In this case, three men were convicted of wire fraud for their role in a large-scale liquor smuggling scheme to evade Canada’s high liquor taxes by shipping some 40,000 cases …

U.S. v. Pasquantino, No. 01-4463 (4th Cir.) (336 F.3d 221) (July 18, 2003) (Judge Clyde H. Hamilton)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Pasquantino, No. 01-4463 (4th Cir.) (336 F.3d 221) (July 18, 2003) (Judge Clyde H. Hamilton) by Defendants sought review of a judgment from the District Court, which convicted them of wire fraud and aiding and abetting wire fraud in violation of 18 U.S.C.S. §§ 2, 1343. After defendants' …

U.S. v. Neil, No. 01-50459 (9th Cir.) (312 F.3d 419) (November 20, 2002) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Neil, No. 01-50459 (9th Cir.) (312 F.3d 419) (November 20, 2002) (Judge William A. Fletcher) by The defendant-appellant in this case conditionally pleaded guilty to sexual contact with a minor in violation of 18 U.S.C. § 2244(a)(3), but asserted that the United States lacked jurisdiction since the crime …

U.S. v. Best, No. 01-4321 (3rd Cir.) (304 F.3d 308) (September 18, 2002) (Judge Julio M. Fuentes)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Best, No. 01-4321 (3rd Cir.) (304 F.3d 308) (September 18, 2002) (Judge Julio M. Fuentes) by This is one of those cases that shows the perplexing “them and us” standards espoused by our Government that causes so much enmity towards the United States. For months now the United …

U.S. v. Cafiero, No. CR. MJ-02-245-JLA (D.Mass.) (211 F.Supp.2d 328) (June 24, 2002) (Judge Magistrate)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Cafiero, No. CR. MJ-02-245-JLA (D.Mass.) (211 F.Supp.2d 328) (June 24, 2002) (Judge Magistrate) by In this case the Government tried to exercise broad jurisdiction rights over a foreign national which, had it been done by China or Iraq, would have immediately led to a major international confrontation. In …

U.S. v. Cafiero, No. 2000MO434 RBC (D.Mass.) (221 F.Supp.2d 88) (June 26, 2002) (Judge Magistrate)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Cafiero, No. 2000MO434 RBC (D.Mass.) (221 F.Supp.2d 88) (June 26, 2002) (Judge Magistrate) by Here the Court held that the U.S. could prosecute a foreign national, who was a passenger on a plane that was diverted to the U.S., on drug charges, since the involuntary nature of his …

Blessing v. Freestone, No. 95-1441 (U.S. Supreme Court) (520 U.S. 329; 117 S.Ct. 1353) (April 21, 1997) (Justice O'Connor)

Article • August 15, 2002

Filed under: Punch And Jurists, Jurisdiction - Generally

Blessing v. Freestone, No. 95-1441 (U.S. Supreme Court) (520 U.S. 329; 117 S.Ct. 1353) (April 21, 1997) (Justice O'Connor) by In discussing the criteria for bringing a civil rights suit for damages under 42 U.S.C. § 1983, the Court explained: "Section 1983 imposes liability on anyone who, under color of …

Gomez v. Toledo, No. 79-5601 (U.S. Supreme Court) (446 U.S. 635; 100 S.Ct. 1920) (May 27, 1980) (Justice Marshall)

Article • July 27, 2002

Filed under: Punch And Jurists, Affirmative Defenses

Gomez v. Toledo, No. 79-5601 (U.S. Supreme Court) (446 U.S. 635; 100 S.Ct. 1920) (May 27, 1980) (Justice Marshall) by Here, citing the provisions of Fed.R.Civ.P. 8(c), which requires a defendant to plead any "matter constituting an avoidance or affirmative defense," the Court held that immunity is an affirmative defense …

Carpenter v. U.S., No. 86-442 (U.S. Supreme Court) (484 U.S. 19; 108 S.Ct. 316) (November 16, 1987) (Justice White)

Article • July 5, 2002

Filed under: Punch And Jurists, Honest Services Fraud

Carpenter v. U.S., No. 86-442 (U.S. Supreme Court) (484 U.S. 19; 108 S.Ct. 316) (November 16, 1987) (Justice White) by Here, some five months after the Court's decision in McNally v. U.S., 483 U.S. 350 (1987), the Court emphasized that McNally"did not limit the scope of § 1341 to tangible …

U.S. v. Small, No. CR. 00-160 (W.D.Pa.) (183 F.Supp.2d 755) (January 16, 2002) (Judge Robert J. Cindrich)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Small, No. CR. 00-160 (W.D.Pa.) (183 F.Supp.2d 755) (January 16, 2002) (Judge Robert J. Cindrich) by This case is noted for its thorough analysis of a number of questions relating to a defendant’s right to challenge the validity of a foreign conviction that serves as the predicate offense …

U.S. v. Antico, No. 00-1446 (3rd Cir.) (275 F.3d 245) (November 28, 2001) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. Antico, No. 00-1446 (3rd Cir.) (275 F.3d 245) (November 28, 2001) (Judge Thomas L. Ambro) by Among the many errors claimed on appeal in this case, the defendant argued that the district court had committed error when it refused to instruct the jury that it had to determine …

U.S. v. Concha, No. 99-2171 (10th Cir.) (233 F.3d 1249) (December 1, 2000) (Judge David M. Ebel)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Concha, No. 99-2171 (10th Cir.) (233 F.3d 1249) (December 1, 2000) (Judge David M. Ebel) by Here, disagreeing with decisions from the Fourth and Sixth Circuits, the Tenth Circuit concluded that the term "any court" as used in 18 USC § 922(g) to define prior convictions does not …

U.S. v. deVegter, No. 99-8142 (11th Cir.) (198 F.3d 1324) (December 29, 1999) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Honest Services Fraud

U.S. v. deVegter, No. 99-8142 (11th Cir.) (198 F.3d 1324) (December 29, 1999) (Judge Susan H. Black) by The defendants in this case were charged with various crimes arising out of the alleged curruption of the process by which a local county selected an underwriter for refunding municipal water and …

U.S. v. Laden, No. S(6) 98 CR. 1023 (LBS) (S.D.N.Y.) (92 F.Supp.2d 189) (March 13, 2000) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Laden, No. S(6) 98 CR. 1023 (LBS) (S.D.N.Y.) (92 F.Supp.2d 189) (March 13, 2000) (Judge Leonard B. Sand) by Once again, the Government has extended its jurisdictional might over citizens of other nations. In this case, which has far reaching implications, District Judge Sand of New York found …