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U.S. v. Abiodun, No. 06-5335-cr (2nd Cir.) (536 F.3d 162) (July 30, 2008) (Judge Jose A. Cabranes)
Article • September 1, 2008 • from P&J September, 2008
Filed under: Punch And Jurists, Victims - Multiple/Number of
U.S. v. Abiodun, No. 06-5335-cr (2nd Cir.) (536 F.3d 162) (July 30, 2008) (Judge Jose A. Cabranes) by Sentences for fraud and fraud-related offenses are affirmed in part, vacated in part, and remanded where: 1) the district court incorrectly calculated the number of victims affected by defendants' conduct; but 2) …
U.S. v. Hamilton, No. 06-2933-cr (2nd Cir.) (538 F.3d 162) (August 15, 2008) (Judge Pierre N. Leval)
Article • September 1, 2008 • from P&J September, 2008
Filed under: Punch And Jurists, Withdrawal
U.S. v. Hamilton, No. 06-2933-cr (2nd Cir.) (538 F.3d 162) (August 15, 2008) (Judge Pierre N. Leval) by Conviction for conspiracy to distribute and possess with intent to distribute marijuana is remanded for further proceedings where defendant's motion to suppress evidence seized from a house, in which he claimed a …
Sell v. U.S., No. 02-5664 (U.S. Supreme Court) (539 U.S. 166; 123 S.Ct. 2174) (June 16, 2003) (Justice Breyer)
Article • August 25, 2008
Filed under: Punch And Jurists
Sell v. U.S., No. 02-5664 (U.S. Supreme Court) (539 U.S. 166; 123 S.Ct. 2174) (June 16, 2003) (Justice Breyer) by In U.S. v. Sell, 282 F.3d 560 (8th Cir. 2002) (Sell I), a divided panel from the Eighth Circuit held, as a matter of first impression, that the Government could, …
Washington v. Harper, No. 88-599 (U.S. Supreme Court) (494 U.S. 210; 110 S.Ct. 1028) (February 27, 1990) (Justice Kennedy)
Article • August 21, 2008
Filed under: Punch And Jurists
Washington v. Harper, No. 88-599 (U.S. Supreme Court) (494 U.S. 210; 110 S.Ct. 1028) (February 27, 1990) (Justice Kennedy) by In this case the Supreme Court considered a Washington State administrative policy permitting involuntary administration of antipsychotic drugs after a psychiatrist determined that an inmate should be treated with such …
Terry v. Ohio, No. 67 (U.S. Supreme Court) (392 U.S. 1; 88 S.Ct. 1868) (June 10, 2068) (Justice Warren)
Article • August 19, 2008
Filed under: Punch And Jurists, Reasonable Suspicion
Terry v. Ohio, No. 67 (U.S. Supreme Court) (392 U.S. 1; 88 S.Ct. 1868) (June 10, 2068) (Justice Warren) by In this seminal case on investigative stops (which have come to be called "Terry stops"), the Court defined one of the few exceptions to the prohibition against warrantless searches of …
U.S. v. Fell, No. 06-2882-cr (2nd Cir.) (531 F.3d 197) (June 27, 2008) (Judge Barrington D. Jr. Parker)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Federal Death Penalty Act
U.S. v. Fell, No. 06-2882-cr (2nd Cir.) (531 F.3d 197) (June 27, 2008) (Judge Barrington D. Jr. Parker) by [Editor's Note: For a commentary about this decision, see "Lethal Rejection," by Steve Statsinger, as posted on the Second Circuit Blog on July 13, 2008 at http://circuit2.blogspot.com/2008/07/lethal-rejection.html as follows: "Donald Fell …
U.S. v. Finnerty, No. 07-1104-cr (2nd Cir.) (533 F.3d 143) (July 18, 2008) (Judge Dennis G. Jacobs)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Finnerty, No. 07-1104-cr (2nd Cir.) (533 F.3d 143) (July 18, 2008) (Judge Dennis G. Jacobs) by In a securities-fraud case, judgment setting aside jury's guilty verdict is affirmed where defendant's conducting of "interpositioning" trades was not deceptive or misleading. [Editor's Note: For a more detailed commentary on this …
Jones v. Walker, No. 04-13562 (11th Cir.) (540 F.3d 1277) (August 20, 2008) (Judge Susan H. Black)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Consequences of Firing Appointed Counsel
Jones v. Walker, No. 04-13562 (11th Cir.) (540 F.3d 1277) (August 20, 2008) (Judge Susan H. Black) by U.S. v. Garey, 540 F.3d 1253 (11th Cir. Aug. 20, 2008) (En banc) (Judge Black) Jones v. Walker,540 F.3d 1277 (11th Cir. Aug. 20, 2008) (En banc) (Judge Black) In these two …
U.S. v. Prosperi, No. Crim. No. 06-10116-RGS (D.Mass.) (573 F.Supp.2d 436) (August 29, 2008) (Judge Richard G. Stearns)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Wartime Suspension of Limitations Act
U.S. v. Prosperi, No. Crim. No. 06-10116-RGS (D.Mass.) (573 F.Supp.2d 436) (August 29, 2008) (Judge Richard G. Stearns) by Here the Court held that the Iraq war constituted a proper basis for invoking a World War II-era Wartime Suspension Act to extend the applicable statutes of limitations in a false …
U.S. v. Wessels, No. 07-3208 (8th Cir.) (539 F.3d 913) (August 27, 2008) (Judge William Duane Benton)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Second Chance Act of 2008
U.S. v. Wessels, No. 07-3208 (8th Cir.) (539 F.3d 913) (August 27, 2008) (Judge William Duane Benton) by For a commentary on this decision, see "Judge Bright gives shout out to Second Chance Act," by Prof. Doug Berman, as posted on Sentencing Law and Policy on August 27, 2008 at …
Nnebe v. U.S., No. 05-5713-pr (2nd Cir.) (534 F.3d 87) (June 12, 2008) (Judge Barrington D. Jr. Parker)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Petition for Certiorari
Nnebe v. U.S., No. 05-5713-pr (2nd Cir.) (534 F.3d 87) (June 12, 2008) (Judge Barrington D. Jr. Parker) by In this case, an appeal of the denial of a 2255 motion, all parties agreed that appointed counsel violated the court’s CJA plan by failing to seek certiorari despite his client’s …
U.S. v. Garey, No. 05-14631 (11th Cir.) (540 F.3d 1253) (August 20, 2008) (Judge Susan H. Black)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Consequences of Firing Appointed Counsel
U.S. v. Garey, No. 05-14631 (11th Cir.) (540 F.3d 1253) (August 20, 2008) (Judge Susan H. Black) by Here the en banc Court held that a rejection by a criminal defendant of his appointed counsel can constitute a waiver of the right to counsel altogether and can prevent a subsequent …
U.S. v. Lorenzo, No. 07-1435-cr(L) (2nd Cir.) (534 F.3d 153) (July 18, 2008) (Judge Barbara S. Jones)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists
U.S. v. Lorenzo, No. 07-1435-cr(L) (2nd Cir.) (534 F.3d 153) (July 18, 2008) (Judge Barbara S. Jones) by Drug importation, distribution, and conspiracy convictions are reversed where no evidence was offered that: 1) either defendant knowingly entered a conspiracy with the specific intent to violate the relevant statutes; or 2) …
U.S. v. Whitted, No. 06-3271 (3rd Cir.) (541 F.3d 480) (September 4, 2008) (Judge Marjorie O. Rendell)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Routine vs. Non-Routine Border Searches
U.S. v. Whitted, No. 06-3271 (3rd Cir.) (541 F.3d 480) (September 4, 2008) (Judge Marjorie O. Rendell) by The issue before the Third Circuit in this case of first impression was whether the Fourth Amendment requires any level of suspicion to justify a search by customs officials of a passenger’s …
Rodriguez v. Smith, No. 07-16014 (9th Cir.) (541 F.3d 1180) (September 4, 2008) (Judge Johnnie B. Rawlinson)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, 10% Limitation
Rodriguez v. Smith, No. 07-16014 (9th Cir.) (541 F.3d 1180) (September 4, 2008) (Judge Johnnie B. Rawlinson) by In this case, a divided panel from the Ninth Circuit has held that the BOP's categorical rule that it will not consider placing inmates in Residential Re-entry Centers (RRCs) until they have …
Buckley v. Haddock, No. 07-10988 (11th Cir.) (292 Fed.Appx. 791) (September 9, 2008) (Judge James Larry Edmondson)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Excessive Force, Punch And Jurists
Buckley v. Haddock, No. 07-10988 (11th Cir.) (292 Fed.Appx. 791) (September 9, 2008) (Judge James Larry Edmondson) by This case is noted for Judge Martin’s unusually strong dissent in which she expressed deep outrage over the majority’s conclusion that a deputy sheriff had not used excessive force when he repeatedly …
U.S. v. Medina-Beltran, No. 06-10181 (9th Cir.) (542 F.3d 729) (September 5, 2008) (Per Curiam)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Medina-Beltran, No. 06-10181 (9th Cir.) (542 F.3d 729) (September 5, 2008) (Per Curiam) by With scant analysis and even less factual background, a panel from the Ninth Circuit has held that the Government can properly decline to move for an additional one-level acceptance of responsibility sentence reduction under …
U.S. v. Luisi, No. Crim. No. 99-10218-WGY (D.Mass.) (568 F.Supp.2d 106) (July 25, 2008) (Judge William G. Young)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Removal for Cause
U.S. v. Luisi, No. Crim. No. 99-10218-WGY (D.Mass.) (568 F.Supp.2d 106) (July 25, 2008) (Judge William G. Young) by During jury deliberations in this drug case, District Judge William Young was advised by a note from the jury foreman that one “problem juror” was challenging the legitimacy of one of …
U.S. v. Wallace, No. 05-1424-cr (2nd Cir.) (532 F.3d 126) (July 8, 2008) (Judge Dennis G. Jacobs)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Controlled Substances
U.S. v. Wallace, No. 05-1424-cr (2nd Cir.) (532 F.3d 126) (July 8, 2008) (Judge Dennis G. Jacobs) by Defendant's conviction for drug- and gun-related offenses is affirmed over claims of error regarding the sufficiency of the evidence to support his conviction, which alleged the government failed to prove that he …
U.S. v. Spears, No. 05-4468 (8th Cir.) (533 F.3d 715) (June 23, 2008) (Judge William J. Riley)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Post Gall/Kimbrough
U.S. v. Spears, No. 05-4468 (8th Cir.) (533 F.3d 715) (June 23, 2008) (Judge William J. Riley) by After the United States Supreme Court vacated the Court's prior ruling. reported at 469 F.3d 1166 (8th Cir. Dec. 5, 2006), and remanded the case for reconsideration of defendant's sentence in light …
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