Search | Punch and Jurists

U.S. v. Johnson, No. 06-0594-cr (2nd Cir.) (529 F.3d 493) (June 19, 2008) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Johnson, No. 06-0594-cr (2nd Cir.) (529 F.3d 493) (June 19, 2008) (Judge Pierre N. Leval) by Conviction for conspiracy to distribute cocaine base is affirmed where: 1) although the government's egregious act of eliciting improper testimonial evidence from its witness should not be condoned, defendant's failure to make …

U.S. v. Campa, No. 01-17176 (11th Cir.) (529 F.3d 980) (June 4, 2008) (Judge William H. Jr. Pryor)

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

Filed under: Punch And Jurists, Espionage

U.S. v. Campa, No. 01-17176 (11th Cir.) (529 F.3d 980) (June 4, 2008) (Judge William H. Jr. Pryor) by Convicted of espionage and conspiracy to murder Cuban exiles under 18 U.S.C. §§ 794(c), 951, 1117, several defendants appealed their convictions from the United States District Court for the Southern District …

U.S. v. Straub, No. 07-30182 (9th Cir.) (538 F.3d 1147) (August 15, 2008) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists

U.S. v. Straub, No. 07-30182 (9th Cir.) (538 F.3d 1147) (August 15, 2008) (Judge Jay S. Bybee) by Here the Court concluded that, due to the Government's stacking of the deck, it was necessary to expand the circumstances under which the Government could be compelled to grant use immunity to …

U.S. v. Legros, No. 05-2828-cr (2nd Cir.) (529 F.3d 470) (June 17, 2008) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Legros, No. 05-2828-cr (2nd Cir.) (529 F.3d 470) (June 17, 2008) (Judge Robert D. Sack) by Sentence enhancement for possessing a firearm in connection with another felony offense is vacated and remanded for resentencing where, in absence of a more detailed explanation identifying facts in the record which …

U.S. v. Miller, No. 06-5187 (3rd Cir.) (527 F.3d 54) (June 2, 2008) (Judge Louis H. Pollak)

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

Filed under: Punch And Jurists

U.S. v. Miller, No. 06-5187 (3rd Cir.) (527 F.3d 54) (June 2, 2008) (Judge Louis H. Pollak) by The Court held that it was plain error to enter separate convictions for receipt of child pornography under 18 U.S.C. § 2252A(a)(2) and possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B) …

U.S. v. Cabrera, No. 06cr10343-NG (D.Mass.) (567 F.Supp.2d 271) (July 25, 2008) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Cabrera, No. 06cr10343-NG (D.Mass.) (567 F.Supp.2d 271) (July 25, 2008) (Judge Nancy Gertner) by As recounted by Judge Gertner at the beginning of her Sentencing Memorandum in this drug case: “Oscar Cabrera was, at most, a delivery man caught in a government sting. He hardly fits the profile …

U.S. v. Schroeder, No. 07-3773 (7th Cir.) (536 F.3d 746) (August 5, 2008) (Judge Richard D. Cudahy)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Schroeder, No. 07-3773 (7th Cir.) (536 F.3d 746) (August 5, 2008) (Judge Richard D. Cudahy) by This is an interesting sentencing decision in which the defendant successfully challenged the Government’s calculation of the amount of tax losses properly attributable to him based on relevant conduct on the grounds …

U.S. v. Bermudez, No. 06-5119-cr (2nd Cir.) (529 F.3d 158) (June 17, 2008) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Bolstering Evidence

U.S. v. Bermudez, No. 06-5119-cr (2nd Cir.) (529 F.3d 158) (June 17, 2008) (Judge John M. Jr. Walker) by Conviction for possession of firearm by a felon is affirmed where: 1) the district court did not err in admitting police testimony as to drug-related statements made by defendant; 2) the …

U.S. v. Leonard, No. 05-5523-cr(L) (2nd Cir.) (529 F.3d 83) (June 11, 2008) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Leonard, No. 05-5523-cr(L) (2nd Cir.) (529 F.3d 83) (June 11, 2008) (Judge Robert A. Katzmann) by In a criminal prosecution for securities fraud offenses, defendants' convictions are affirmed over claims that: 1) there was insufficient evidence to support a determination that the interests at issue were "securities" for …

Parisi v. U.S., No. 06-1148-pr (2nd Cir.) (529 F.3d 134) (June 13, 2008) (Judge Peter W. Hall)

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

Filed under: Guilty Pleas, Punch And Jurists

Parisi v. U.S., No. 06-1148-pr (2nd Cir.) (529 F.3d 134) (June 13, 2008) (Judge Peter W. Hall) by Judgment denying habeas relief is affirmed where, despite the concern that stipulated "ends-of-justice" continuances may not be consistent with Zedner v. US 547 U.S. 489 (2006), defendant's attorney was not constitutionally ineffective …

U.S. v. Booker, No. CR-08-19-B-W (D.Me.) (557 F.Supp.2d 153) (August 11, 2008) (Judge John A. Jr. Woodcock)

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

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Booker, No. CR-08-19-B-W (D.Me.) (557 F.Supp.2d 153) (August 11, 2008) (Judge John A. Jr. Woodcock) by In its recent historic decision in District of Columbia v. Heller, 128 S.Ct. 2783, 2797 (2008), the Supreme Court held for the first time that the Second Amendment guarantees “the individual right …

U.S. v. Thompson, No. 05-5255-cr(L) (2nd Cir.) (528 F.3d 110) (June 6, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Batson Claims

U.S. v. Thompson, No. 05-5255-cr(L) (2nd Cir.) (528 F.3d 110) (June 6, 2008) (Per Curiam) by In a prosecution for various offenses related to a narcotics trafficking conspiracy and use of firearms in connection therewith, defendants' conviction is affirmed over challenges regarding: 1) the seating of the jury and a …

U.S. v. Gonzalez, No. 07-4824-cr (2nd Cir.) (529 F.3d 94) (June 11, 2008) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Gonzalez, No. 07-4824-cr (2nd Cir.) (529 F.3d 94) (June 11, 2008) (Judge Jon O. Newman) by Sentence imposed on a defendant for violating the terms of his supervised release is vacated and remanded where the district court: 1) omitted defendant's opportunity for a pre-sentence allocution; and 2) did …

Garcia-Aguilar v. U.S. Court for S.D.Cal., No. 07-70293 (9th Cir.) (535 F.3d 1021) (August 6, 2008) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Correcting Charging Errors

Garcia-Aguilar v. U.S. Court for S.D.Cal., No. 07-70293 (9th Cir.) (535 F.3d 1021) (August 6, 2008) (Judge Alex Kozinski) by Judge Kozinski started his discussion of these three consolidated immigration cases with the observation: “These consolidated cases show again why the ten most terrifying words in the English language may …

U.S. v. Griffin, No. Crim. No. 05-10175-WGY (D.Mass.) (566 F.Supp.2d 59) (July 22, 2008) (Judge William G. Young)

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

Filed under: Punch And Jurists

U.S. v. Griffin, No. Crim. No. 05-10175-WGY (D.Mass.) (566 F.Supp.2d 59) (July 22, 2008) (Judge William G. Young) by On Jan. 16, 2007, Judge Young originally imposed a sentence of 27-months upon the defendant in this case, who was convicted of filing a false tax return. Six days after that …

U.S. v. Tapia-Romero, No. 05-50121 (9th Cir.) (523 F.3d 1125) (May 1, 2008) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists

U.S. v. Tapia-Romero, No. 05-50121 (9th Cir.) (523 F.3d 1125) (May 1, 2008) (Judge Thomas G. Nelson) by Here the Court held that the district court “correctly concluded that the cost to society of imprisoning a defendant is not a factor to be considered in determining the appropriate length of …

U.S. v. King, No. 1:98-CR-001 BSJ (D.Utah) (551 F.Supp.2d 1298) (March 14, 2008) (Judge Bruce S. Jenkins)

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

Filed under: Punch And Jurists, Mandatory Term of Supervised Release

U.S. v. King, No. 1:98-CR-001 BSJ (D.Utah) (551 F.Supp.2d 1298) (March 14, 2008) (Judge Bruce S. Jenkins) by Mostly because it happens so rarely in the United States, which seems to pride itself on doing whatever is necessary to maintain it reputation as the world’s largest Prison Nation, we note …

U.S. v. Porter, No. 03-CR-0129(CPS) (E.D.N.Y.) (555 F.Supp.2d 341) (April 11, 2008) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Porter, No. 03-CR-0129(CPS) (E.D.N.Y.) (555 F.Supp.2d 341) (April 11, 2008) (Judge Charles P. Sifton) by The defendant in this case was convicted of a number of counts of possession and distribution of child pornography. His sentence included a term of supervised release with a special condition that he …

Burns v. U.S., No. 89-7260 (U.S. Supreme Court) (501 U.S. 129; 111 S.Ct. 2182) (June 13, 1991) (Justice Marshall)

Article • June 24, 2008

Filed under: Punch And Jurists, Departures/Variances

Burns v. U.S., No. 89-7260 (U.S. Supreme Court) (501 U.S. 129; 111 S.Ct. 2182) (June 13, 1991) (Justice Marshall) by Court held that a district court must give "reasonable notice" that it is contemplating an upward departure in the sentencing range established by the Guidelines and must specifically identify the …

U.S. v. Cope, No. 06-50441 (9th Cir.) (527 F.3d 944) (June 4, 2008) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Chemical Castration

U.S. v. Cope, No. 06-50441 (9th Cir.) (527 F.3d 944) (June 4, 2008) (Judge Sidney R. Thomas) by Gordon Cope was arrested in September, 2003 by the San Bernardino Sheriff's Department, and charged with various sex offense crimes arising out of their discovery of over 600 images and 20 videos …