Search | Punch and Jurists

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (767 F.3d 1) (July 14, 2014) (Judge Karen LeCraft Henderson)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Retroactivity, Punch And Jurists

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (767 F.3d 1) (July 14, 2014) (Judge Karen LeCraft Henderson) by In a long-awaited decision about the authority of military commissions under the Military Commissions Act of 2006 (“MCA”), Pub. L. No. 109-336, 120 Stat. 2600, the D.C. Circuit, sitting en banc, vacated …

Hamdan v, U.S., No. 11-1257 (D.C. Cir.) (696 F.3d 1238) (October 16, 2012) (Judge Brett M. Kavanaugh)

Article • October 29, 2012 • from P&J October, 2012

Filed under: Retroactivity, Punch And Jurists

Hamdan v, U.S., No. 11-1257 (D.C. Cir.) (696 F.3d 1238) (October 16, 2012) (Judge Brett M. Kavanaugh) by In a major setback for the military tribunals at Guantanamo Bay, the D.C. Circuit has thrown out the terrorism conviction of a former high-profile detainee, Salim Hamdan, a Yemeni who served as …

Dorsey v. U.S., No. 11-5683 (U.S. Supreme Court) (567 U.S. 260; 132 S.Ct. 2321) (June 21, 2012) (Justice Breyer)

Article • June 25, 2012 • from P&J June, 2012

Filed under: Retroactivity, Punch And Jurists

Dorsey v. U.S., No. 11-5683 (U.S. Supreme Court) (567 U.S. 260; 132 S.Ct. 2321) (June 21, 2012) (Justice Breyer) by In 2010, after some three decades of debate and controversy over the inherent unfairness of the Federal crack cocaine sentencing laws, Congress finally enacted the Fair Sentencing Act of 2010 …

I.N.S. v. St. Cyr, No. 00-767 (U.S. Supreme Court) (533 U.S. 289; 121 S.Ct. 2271) (June 25, 2001) (Justice Stevens)

Article • December 21, 2011 • from P&J June, 2001

Filed under: Retroactivity, Punch And Jurists

I.N.S. v. St. Cyr, No. 00-767 (U.S. Supreme Court) (533 U.S. 289; 121 S.Ct. 2271) (June 25, 2001) (Justice Stevens) by Calcano-Martinez v. I.N.S., 533 U.S. 348 (2001) (Justice Stevens) I.N.S. v. St. Cyr, 533 U.S. 289 (2001) (Justice Stevens) In this pair of decisions, the Supreme Court held that …

U.S. v. Marcus, No. 07-4005-cr (2nd Cir.) (628 F.3d 36) (December 7, 2010) (Judge Richard C. Wesley)

Article • December 1, 2010

Filed under: Retroactivity, Punch And Jurists

U.S. v. Marcus, No. 07-4005-cr (2nd Cir.) (628 F.3d 36) (December 7, 2010) (Judge Richard C. Wesley) by Defendant's forced labor conviction under the Trafficking Victims Protection Act (TVPA) is affirmed where defendant offered no explanation for how his pre-enactment conduct differed from his post-enactment conduct in a manner that …

U.S. v. Green, No. 08-5426-cr (2nd Cir.) (595 F.3d 432) (February 17, 2010) (Judge Amalya Lyle Kearse)

Article • June 14, 2010 • from P&J June, 2010

Filed under: Retroactivity, Punch And Jurists

U.S. v. Green, No. 08-5426-cr (2nd Cir.) (595 F.3d 432) (February 17, 2010) (Judge Amalya Lyle Kearse) by Defendant's crack cocaine and firearm possession sentence is affirmed where defendant was sentenced pursuant to a Fed. R. Crim. P. 11(c)(1)(C) plea agreement and was thus ineligible for a reduction of sentence …

U.S. v. Myers, No. 07-4417 (4th Cir.) (553 F.3d 328) (January 16, 2009) (Judge William B. Jr. Traxler)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Myers, No. 07-4417 (4th Cir.) (553 F.3d 328) (January 16, 2009) (Judge William B. Jr. Traxler) by James Myers, who had previously been convicted of a felony, pled guilty to a charge of unlawful possession of a firearm. The firearm at issue in this case qualified as a …

Kessack v. U.S., No. C05-1828Z (W.D.Wash.) (2008 U.S. Dist. LEXIS 7739) (January 18, 2008) (Judge Thomas S. Zilly)

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

Filed under: Retroactivity, Punch And Jurists

Kessack v. U.S., No. C05-1828Z (W.D.Wash.) (2008 U.S. Dist. LEXIS 7739) (January 18, 2008) (Judge Thomas S. Zilly) by This is a fascinating decision in which Judge Zilly granted the petitioner’s motion for a Writ of Audita Querella in order to remedy a “grave injustice,” thus allowing him to be …

Bockting v. Bayer, No. 02-15866 (9th Cir.) (505 F.3d 973) (October 12, 2007) (Judge J. Clifford Wallace)

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

Filed under: Retroactivity, Punch And Jurists

Bockting v. Bayer, No. 02-15866 (9th Cir.) (505 F.3d 973) (October 12, 2007) (Judge J. Clifford Wallace) by Here, on remand from the Supreme Court, a divided panel affirned a state prison inmate's conviction for sexual abuse of his minor stepdaughter, after concluding that the conviction was properly supported by …

Fernandez-Vargas v. Gonzales, No. 04-1376 (U.S. Supreme Court) (548 U.S. 30; 126 S.Ct. 2422) (June 22, 2006) (Justice Souter)

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

Filed under: Retroactivity, Punch And Jurists

Fernandez-Vargas v. Gonzales, No. 04-1376 (U.S. Supreme Court) (548 U.S. 30; 126 S.Ct. 2422) (June 22, 2006) (Justice Souter) by In this case, the Supreme Court endorsed a tough application of a 1996 amendment to the immigration laws to certain longtime illegal immigrants, clearing the way for summary deportations of …

U.S. v. Morris, No. 04-7889 (4th Cir.) (429 F.3d 65) (November 7, 2005) (Judge Dennis W. Shedd)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Morris, No. 04-7889 (4th Cir.) (429 F.3d 65) (November 7, 2005) (Judge Dennis W. Shedd) by Defendant sought review of a decision of the United States District Court for the District of South Carolina, at Spartanburg, which denied defendant's request for relief from her conviction and sentence pursuant …

Bockting v. Bayer, No. 02-15866 (9th Cir.) (418 F.3d 1055) (August 11, 2005) (Per Curiam)

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

Filed under: Retroactivity, Punch And Jurists

Bockting v. Bayer, No. 02-15866 (9th Cir.) (418 F.3d 1055) (August 11, 2005) (Per Curiam) by Here, over the dissent of nine judges (who generally represent the conservative side of the Court), the Ninth Circuit declined to rehear en banc its earlier decision reported at Bockting v. Bayer, 399 F.3d …

U.S. v. Dupas, No. 04-50055 (9th Cir.) (417 F.3d 1064) (August 3, 2005) (Judge Susan P. Graber)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Dupas, No. 04-50055 (9th Cir.) (417 F.3d 1064) (August 3, 2005) (Judge Susan P. Graber) by

Felker v. Turpin, No. 95-8836 (U.S. Supreme Court) (518 U.S. 651; 116 S.Ct. 2333) (June 28, 1996) (Per Curiam)

Article • June 24, 2005

Filed under: Retroactivity, Punch And Jurists

Felker v. Turpin, No. 95-8836 (U.S. Supreme Court) (518 U.S. 651; 116 S.Ct. 2333) (June 28, 1996) (Per Curiam) by In this case, the Supreme Court unanimously held the new habeas corpus limitations in the Anti-Terrorism and Effective Death Penalty Act (AEDPA) are constitutional. This act precludes a successive application …

Marks v. U.S., No. 75-708 (U.S. Supreme Court) (430 U.S. 188; 97 S.Ct. 990) (March 1, 1977) (Justice Powell)

Article • April 1, 2005

Filed under: Retroactivity, Punch And Jurists

Marks v. U.S., No. 75-708 (U.S. Supreme Court) (430 U.S. 188; 97 S.Ct. 990) (March 1, 1977) (Justice Powell) by The petitioners in this case were charged with transporting obscene materials in interstate commerce in violation of 18 U.S.C. § 1465. The conduct that gave rise to the charges occurred …

Bouie v. City of Columbia, No. 10 (U.S. Supreme Court) (378 U.S. 347; 84 S.Ct. 1697) (June 22, 2064) (Justice Brennan)

Article • April 1, 2005

Filed under: Retroactivity, Punch And Jurists

Bouie v. City of Columbia, No. 10 (U.S. Supreme Court) (378 U.S. 347; 84 S.Ct. 1697) (June 22, 2064) (Justice Brennan) by This civil rights case involving a "sit-in" by Blacks is noted for its holding that the Due Process Clause requires that defendants be given fair notice of the …

Armstrong v. U.S., No. Civ. No. 04-4077 (E.D.Pa.) (382 F.Supp.2d 703) (March 28, 2005) (Judge Juan Ramon Sanchez)

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

Filed under: Retroactivity, Punch And Jurists

Armstrong v. U.S., No. Civ. No. 04-4077 (E.D.Pa.) (382 F.Supp.2d 703) (March 28, 2005) (Judge Juan Ramon Sanchez) by In this case, Michael Armstrong was found guilty at trial of various drug crimes; and, on April 19, 2001, he was sentenced to 300 months in prison. The Third Circuit affirmed …

Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs)

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

Filed under: Retroactivity, Punch And Jurists

Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs) by Here the Court ruled that Booker does not apply to any cases that became final before January 12, 2005, the day Booker was decided. The Court reasoned that Booker was a "new" …

Bockting v. Bayer, No. 02-15866 (9th Cir.) (399 F.3d 1010) (February 22, 2005) (Judge M. Margaret McKeown)

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

Filed under: Retroactivity, Punch And Jurists

Bockting v. Bayer, No. 02-15866 (9th Cir.) (399 F.3d 1010) (February 22, 2005) (Judge M. Margaret McKeown) by In this case, a divided panel from the Ninth Circuit held that the Supreme Court’s landmark Confrontation Clause decision in Crawford v. Washington, 541 U.S. 36 (2004) was retroactive for purposes of …

Rucker v. U.S., No. 2:04-CV-00914PGC (D.Utah) (382 F.Supp.2d 1288) (February 10, 2005) (Judge Paul G. Cassell)

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

Filed under: Retroactivity, Punch And Jurists

Rucker v. U.S., No. 2:04-CV-00914PGC (D.Utah) (382 F.Supp.2d 1288) (February 10, 2005) (Judge Paul G. Cassell) by