Search | Punch and Jurists

U.S. v. Craighead, No. 07-10135 (9th Cir.) (539 F.3d 1073) (August 21, 2008) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, In-home

U.S. v. Craighead, No. 07-10135 (9th Cir.) (539 F.3d 1073) (August 21, 2008) (Judge Jay S. Bybee) by The question presented in this case was one of first impression in the Ninth Circuit: can an interrogation by law enforcement officers in the suspect's own home turn into such a police-dominated …

U.S. v. Jones, No. 05-5879-cr (2nd Cir.) (531 F.3d 163) (June 24, 2008) (Judge Reena Raggi)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jones, No. 05-5879-cr (2nd Cir.) (531 F.3d 163) (June 24, 2008) (Judge Reena Raggi) by [Editor's Note: For a more detailed commentary on this decision, see "Second Circuit Issues Notable Decision Distilling Recent Developments in Sentencing Jurisprudence and Clearly Reaffirming Centrality of Sentencing Court’s Discretion," as posted on …

U.S. v. Villa-Vazquez, No. 07-3160 (10th Cir.) (536 F.3d 1189) (August 20, 2008) (Judge Harris L. Hartz)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Villa-Vazquez, No. 07-3160 (10th Cir.) (536 F.3d 1189) (August 20, 2008) (Judge Harris L. Hartz) by Jesus Villa-Vazquez was indicted on one count of illegal reentry after a prior deportation for an aggravated felony. He entered into a plea agreement that required the government, among other things, to …

U.S. v. Siraj, No. 07-0224-cr (2nd Cir.) (533 F.3d 99) (July 9, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Statements of Defendant

U.S. v. Siraj, No. 07-0224-cr (2nd Cir.) (533 F.3d 99) (July 9, 2008) (Judge Dennis G. Jacobs) by Written police reports that memorialize oral statements made by a defendant to an undercover officer do not have to be produced upon demand under Federal Rule of Criminal Procedure 16(a)(1)(B)(i). A conviction …

U.S. v. Arnold, No. 06-50581 (9th Cir.) (533 F.3d 1003) (July 10, 2008) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Computer Searches, Punch And Jurists

U.S. v. Arnold, No. 06-50581 (9th Cir.) (533 F.3d 1003) (July 10, 2008) (Judge Diarmuid F. O'Scannlain) by Here, in a brief decision that offers little in the way of analysis, the Ninth Circuit held that reasonable suspicion is not needed for customs officials to search a laptop or other …

U.S. v. Carlton, No. 07-2344-cr (2nd Cir.) (534 F.3d 97) (July 16, 2008) (Judge Jose A. Cabranes)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Carlton, No. 07-2344-cr (2nd Cir.) (534 F.3d 97) (July 16, 2008) (Judge Jose A. Cabranes) by A district judge is not required by 28 U.S.C. §§ 455(a) or (b)(1) to recuse himself from presiding over a criminal trial merely because he previously determined that a defendant was guilty …

U.S. v. Tabor, No. 05-2169 (8th Cir.) (531 F.3d 688) (July 10, 2008) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Tabor, No. 05-2169 (8th Cir.) (531 F.3d 688) (July 10, 2008) (Judge John R. Gibson) by On remand from the Supreme Court at 128 S.Ct. 1060 in light of Kimbrough v. U.S., the Eighth Circuit reversed its previous ruling reported at 439 F.3d 826 (8th Cir. Mar. 3, …

Sims v. Blot (In Re: Sims), No. 06-0644-op (2nd Cir.) (534 F.3d 117) (July 18, 2008) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Psychotherapist-Patient Privilege

Sims v. Blot (In Re: Sims), No. 06-0644-op (2nd Cir.) (534 F.3d 117) (July 18, 2008) (Judge Amalya Lyle Kearse) by [Editor's Note: For a commentary on this decision, see "Court of Appeals upholds psychotherapist privilege in garden variety damages claims," as posted on the Second Circuit Civil Rights Blog …

Carlson v. Jess, No. 07-3428 (7th Cir.) (526 F.3d 1018) (May 19, 2008) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Counsel of Choice

Carlson v. Jess, No. 07-3428 (7th Cir.) (526 F.3d 1018) (May 19, 2008) (Judge Terrence T. Evans) by Here the Court affirmed Judge Lynn Adelman’s important prior ruling to the effect that the Sixth Amendment bars a court from denying, arbitrarily or unreasonably, a defendant the right to retain counsel …

Tucker v. Palmer, No. 07-1408 (6th Cir.) (541 F.3d 652) (September 4, 2008) (Judge Harold A. Ackerman)

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

Filed under: Punch And Jurists, Home Invasion

Tucker v. Palmer, No. 07-1408 (6th Cir.) (541 F.3d 652) (September 4, 2008) (Judge Harold A. Ackerman) by This case is noted for Judge Damon Keith's unusually outspoken dissent in which he said he was "outraged," and "embarrassed" that his colleagues would affirm a state trial judge's conviction "without a …

U.S. v. Crawford, No. 06-5059-cr (2nd Cir.) (533 F.3d 133) (July 17, 2008) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Jury Deliberations

U.S. v. Crawford, No. 06-5059-cr (2nd Cir.) (533 F.3d 133) (July 17, 2008) (Judge J. Clifford Wallace) by A conviction for being a felon in possession of a firearm is vacated and remanded for trial where: 1) the trial court reopened proceedings after the parties' summation and after the jury …

U.S. v. Reynolds, No. Misc. No. H-07-0699 (S.D.Tex.) (553 F.Supp.2d 788) (April 10, 2008) (Judge Simeon T. III Lake)

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

Filed under: Punch And Jurists

U.S. v. Reynolds, No. Misc. No. H-07-0699 (S.D.Tex.) (553 F.Supp.2d 788) (April 10, 2008) (Judge Simeon T. III Lake) by After David Reynolds was arrested and charged with making felonious threats against a Federal judge, it was determined that he suffered from a “delusional disorder, persecutory and grandiose types.” He …

U.S. v. Handy, No. 07-CR-906 (E.D.N.Y.) (570 F.Supp.2d 437) (August 4, 2008) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Mens Rea

U.S. v. Handy, No. 07-CR-906 (E.D.N.Y.) (570 F.Supp.2d 437) (August 4, 2008) (Judge Jack B. Weinstein) by The defendant in this case, Ramel Handy, pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The gun in question was stolen, although Handy …

U.S. v. Rausch, No. 07-cr-00497-JLK (D.Colo.) (570 F.Supp.2d 1295) (August 12, 2008) (Judge John L. Jr. Kane)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Rausch, No. 07-cr-00497-JLK (D.Colo.) (570 F.Supp.2d 1295) (August 12, 2008) (Judge John L. Jr. Kane) by Here the Court imposed a non-Guidelines sentence of probation in a child pornography case due to the defendant’s extremely poor health and the complexity of his needs for medical care which “override …

U.S. v. Whitley, No. 06-0131-cr (2nd Cir.) (529 F.3d 150) (June 16, 2008) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Whitley, No. 06-0131-cr (2nd Cir.) (529 F.3d 150) (June 16, 2008) (Judge Jon O. Newman) by A sentence imposing concurrent terms of 282 months for a Hobbs Act robbery and a career criminal firearms possession violation, plus a consecutive mandatory minimum term of 10-years for discharging a firearm, …

U.S. v. Parris, No. 05-CR-636 (FB) (S-2) (E.D.N.Y.) (573 F.Supp.2d 774) (August 14, 2008) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Parris, No. 05-CR-636 (FB) (S-2) (E.D.N.Y.) (573 F.Supp.2d 774) (August 14, 2008) (Judge Frederic Block) by Judge Block started this remarkably blunt and thought-provoking sentencing decision with the following words: “I have sentenced Lennox and Lester Parris today to a term of incarceration of 60 months in the …

U.S. v. Askew, No. 04-3092 (D.C. Cir.) (529 F.3d 1119) (June 20, 2008) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Scope of Permissible Searches

U.S. v. Askew, No. 04-3092 (D.C. Cir.) (529 F.3d 1119) (June 20, 2008) (Judge Harry T. Edwards) by In U.S. v. Askew, 482 F.3d 532 (D.C. Cir. Apr. 26, 2007) (“Askew I”) (P&J, 03/19/07), a divided panel from the D.C. Circuit issued a controversial and extremely activist ruling regarding the …

U.S. v. Wecht, No. 07-4767 (3rd Cir.) (537 F.3d 222) (August 1, 2008) (Judge D. Brooks Smith)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Wecht, No. 07-4767 (3rd Cir.) (537 F.3d 222) (August 1, 2008) (Judge D. Brooks Smith) by Cyril Wecht, a locally prominent forensic pathologist and the former coroner, was indicted in 2006 on 84 counts of criminal activity, that charged him with using his public office for personal financial …

U.S. v. Allen, No. 07 Cr. 235 (SAS) (S.D.N.Y.) (550 F.Supp.2d 494) (April 30, 2008) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Pimentel Letters

U.S. v. Allen, No. 07 Cr. 235 (SAS) (S.D.N.Y.) (550 F.Supp.2d 494) (April 30, 2008) (Judge Shira A. Scheindlin) by In U.S. v. Pimentel, 932 F.2d 1029 (2nd Cir. May 2, 1991), the Second Circuit sharply criticized a plea-bargaining tactic used by many prosecutors that had the effect of sand-bagging, …

U.S. v. Confredo, No. 06-3201-cr (2nd Cir.) (528 F.3d 143) (June 10, 2008) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Confredo, No. 06-3201-cr (2nd Cir.) (528 F.3d 143) (June 10, 2008) (Judge Jon O. Newman) by n a sentence appeal primarily addressing loss calculations under sentencing guideline provisions which govern the "intended loss" of defendant's offenses involving fraudulent loan applications, the circuit court rules that: 1) a defendant …