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U.S. v. Cutler, No. 05-2516(L) (2nd Cir.) (520 F.3d 136) (March 21, 2008) (Judge Amalya Lyle Kearse)
Article • April 1, 2008 • from P&J May, 2008
Filed under: Punch And Jurists
U.S. v. Cutler, No. 05-2516(L) (2nd Cir.) (520 F.3d 136) (March 21, 2008) (Judge Amalya Lyle Kearse) by Sentences for, inter alia, bank fraud, tax evasion, false statements, conspiracy, and mail fraud are vacated and remanded where the trial court's sentencing terms were substantively unreasonable and constituted an abuse of …
U.S. v. Garrison, No. 07cr10142-NG (D.Mass.) (560 F.Supp.2d 83) (May 20, 2008) (Judge Nancy Gertner)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)
U.S. v. Garrison, No. 07cr10142-NG (D.Mass.) (560 F.Supp.2d 83) (May 20, 2008) (Judge Nancy Gertner) by Here Judge Gertner discussed the Guidelines failure to address the concept of "similarly situated" defendants (which she described as a "clear flaw") in a case involving 21 defendants arrested in a single drug sweep …
U.S. v. Sanchez, No. 05-3812(L) (2nd Cir.) (517 F.3d 651) (February 29, 2008) (Judge Amalya Lyle Kearse)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists
U.S. v. Sanchez, No. 05-3812(L) (2nd Cir.) (517 F.3d 651) (February 29, 2008) (Judge Amalya Lyle Kearse) by Sentences imposed under provisions for enhanced punishment of repeat offenders, based on convictions on substantive and conspiracy counts charging trafficking in cocaine and cocaine base, are remanded for clarification as to two …
Brown v. Farwell, No. 07-15592 (9th Cir.) (525 F.3d 787) (May 5, 2008) (Judge Kim McLane Wardlaw)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, DNA Evidence/Testing
Brown v. Farwell, No. 07-15592 (9th Cir.) (525 F.3d 787) (May 5, 2008) (Judge Kim McLane Wardlaw) by Here a divided panel from the Ninth Circuit vacated the sexual assault conviction of a defendant on the grounds that the prosecution had exaggerated the reliability of the DNA evidence by estimating …
U.S. v. Stoterau, No. 07-50124 (9th Cir.) (524 F.3d 988) (April 29, 2008) (Judge Sandra S. Ikuta)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Abel Testing
U.S. v. Stoterau, No. 07-50124 (9th Cir.) (524 F.3d 988) (April 29, 2008) (Judge Sandra S. Ikuta) by The defendant in this case, Joseph Stoterau, pled guilty to transporting child pornography in violation of 18 U.S.C. § 2252A(a)(1). After he was sentenced to 151 months in prison and a five-year …
U.S. v. Chapman, No. 06-10316 (9th Cir.) (524 F.3d 1073) (May 6, 2008) (Judge Kim McLane Wardlaw)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues
U.S. v. Chapman, No. 06-10316 (9th Cir.) (524 F.3d 1073) (May 6, 2008) (Judge Kim McLane Wardlaw) by Here the Court upheld the dismissal with prejudice of a 64-count indictment in a stock fraud case after finding that the Government had "egregiously failed to meet its constitutional obligations under Brady …
U.S. v. Jenkins, No. 06-50049 (9th Cir.) (518 F.3d 722) (March 4, 2008) (Per Curiam)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Dismissal of Indictment
U.S. v. Jenkins, No. 06-50049 (9th Cir.) (518 F.3d 722) (March 4, 2008) (Per Curiam) by For a commentary on this decision, see "Ruling on vindictive prosecution splits circuits," by Pamela A. MacLean, as posted on National Law Journal Online on March 17, 2008 at http://www.law.com/jsp/nlj/PubArticlePrinterFriendlyNLJ.jsp?id=1205491393969 as follows: SAN FRANCISCO …
U.S. v. Quinones, No. 06-CR-245 (FB) (E.D.N.Y.) (536 F.Supp.2d 267) (February 19, 2008) (Judge Frederic Block)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists
U.S. v. Quinones, No. 06-CR-245 (FB) (E.D.N.Y.) (536 F.Supp.2d 267) (February 19, 2008) (Judge Frederic Block) by
Coleman v. Lappin, No. Civ. No. 06-2255(RMC) (D.D.C.) (535 F.Supp.2d 96) (February 18, 2008) (Judge Rosemary M. Collyer)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Law Enforcement Privilege/Records
Coleman v. Lappin, No. Civ. No. 06-2255(RMC) (D.D.C.) (535 F.Supp.2d 96) (February 18, 2008) (Judge Rosemary M. Collyer) by In this case, Judge Collyer rejected an attempt by the Bureau of Prisons (BOP) to create a new “embarrassment” exemption under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. …
In Re U.S. For Order Dir. A Prov. Of Elec. Commun., No. 07-524M (W.D.Pa.) (534 F.Supp.2d 585) (February 19, 2008) (Judge Magistrate)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Stored Communications Act
In Re U.S. For Order Dir. A Prov. Of Elec. Commun., No. 07-524M (W.D.Pa.) (534 F.Supp.2d 585) (February 19, 2008) (Judge Magistrate) by Here the judges wrote to express their “concern” about the Government’s growing practice of seeking ex parte orders for access to subscriber records from telecoms based on …
Gonzalez v. U.S., No. 06-11612 (U.S. Supreme Court) (553 U.S. 242; 128 S.Ct. 1765) (May 12, 2008) (Justice Kennedy)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Jury Selection
Gonzalez v. U.S., No. 06-11612 (U.S. Supreme Court) (553 U.S. 242; 128 S.Ct. 1765) (May 12, 2008) (Justice Kennedy) by The Federal Magistrates Act, 28 U.S.C. § 631 et seq., permits district judges to delegate certain functions to magistrate judges. Presiding over felony voir dire and jury selection is one …
U.S. v. Rodriquez, No. 06-1646 (U.S. Supreme Court) (553 U.S. 377; 128 S.Ct. 1783) (May 19, 2008) (Justice Alito)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Recidivist Enhancements
U.S. v. Rodriquez, No. 06-1646 (U.S. Supreme Court) (553 U.S. 377; 128 S.Ct. 1783) (May 19, 2008) (Justice Alito) by This is the second case in the Court’s 2007-2008 term to examine the range of predicate convictions that qualify a person for elevated sentences under the Armed Career Criminal Act, …
U.S. v. Williams, No. 06-694 (U.S. Supreme Court) (553 U.S. 285; 128 S.Ct. 1830) (May 19, 2008) (Justice Scalia)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Pandering Provision
U.S. v. Williams, No. 06-694 (U.S. Supreme Court) (553 U.S. 285; 128 S.Ct. 1830) (May 19, 2008) (Justice Scalia) by Holding that “offers to provide or requests to obtain child pornography are categorically excluded from the First Amendment,” the Supreme Court upheld the latest Congressional effort to curb child pornography …
U.S. v. Seib, No. 07-CR-215 (E.D.Wisc.) (555 F.Supp.2d 981) (May 16, 2008) (Judge Lynn S. Adelman)
Article • April 1, 2008 • from P&J April, 2008
Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration
U.S. v. Seib, No. 07-CR-215 (E.D.Wisc.) (555 F.Supp.2d 981) (May 16, 2008) (Judge Lynn S. Adelman) by Time and again, Judge Lynn Adelman has shown that a fair and just sentence under the Guidelines cannot be achieved simply by following the rigid mandates of the Guidelines. So, in this case, …
Regalado Cuellar v. U.S., No. 06-1456 (U.S. Supreme Court) (553 U.S. 550; 128 S.Ct. 1994) (June 2, 2008) (Justice Thomas)
Article • April 1, 2008 • from P&J May, 2008
Filed under: Punch And Jurists, Mere Concealment of Money
Regalado Cuellar v. U.S., No. 06-1456 (U.S. Supreme Court) (553 U.S. 550; 128 S.Ct. 1994) (June 2, 2008) (Justice Thomas) by Here a unanimous Court held that the mere fact that money being transported across U.S. borders was concealed does not necessarily constitute a violation of the transportation prong of …
Doe v. Bredesen, No. 06-6393 (6th Cir.) (521 F.3d 680) (March 31, 2008) (Per Curiam)
Article • March 1, 2008 • from P&J March, 2008
Filed under: Punch And Jurists, GPS Tracking Device
Doe v. Bredesen, No. 06-6393 (6th Cir.) (521 F.3d 680) (March 31, 2008) (Per Curiam) by In Doe v. Bredesen, 507 F.3d 998 (6th Cir. Nov. 16, 2007) (P&J, 10/15/07) (“Doe I”), a divided panel from the Sixth Circuit concluded that a new Tennessee law that required all convicted sex …
Baze v. Rees, No. 07-5439 (U.S. Supreme Court) (553 U.S. 35; 128 S.Ct. 1520) (April 16, 2008) (Justice (John G.) Roberts)
Article • March 1, 2008 • from P&J March, 2008
Filed under: Punch And Jurists, Lethal Injection Method of Execution
Baze v. Rees, No. 07-5439 (U.S. Supreme Court) (553 U.S. 35; 128 S.Ct. 1520) (April 16, 2008) (Justice (John G.) Roberts) by In a widely splintered 91-page decision, the Supreme Court upheld the most common method of lethal injection executions in the United States, clearing the way for such executions …
Begay v. U.S., No. 06-11543 (U.S. Supreme Court) (553 U.S. 137; 128 S.Ct. 1581) (April 16, 2008) (Justice Breyer)
Article • March 1, 2008 • from P&J March, 2008
Filed under: Punch And Jurists
Begay v. U.S., No. 06-11543 (U.S. Supreme Court) (553 U.S. 137; 128 S.Ct. 1581) (April 16, 2008) (Justice Breyer) by In this case, a divided Supreme Court held that drunk driving is not a “violent felony,” at least for purposes of imposing a special 15-year prison sentence under the provisions …
U.S. v. Horvath, No. 06-30447 (9th Cir.) (522 F.3d 904) (April 9, 2008) (Per Curiam)
Article • March 1, 2008 • from P&J March, 2008
Filed under: Punch And Jurists, Statements Submitted to a Court
U.S. v. Horvath, No. 06-30447 (9th Cir.) (522 F.3d 904) (April 9, 2008) (Per Curiam) by In the 09/10/07 issue of P&J, we noted a decision from the Ninth Circuit, U.S. v. Horvath, 492 F.3d 1075 (9th Cir. July 10, 2007) (“Horvath I”), in which a divided panel held that …
U.S. v. Conatser, No. 06-5694 (6th Cir.) (514 F.3d 508) (February 4, 2008) (Judge Ralph B Jr. Guy)
Article • March 1, 2008 • from P&J March, 2008
Filed under: Punch And Jurists, Deprivation of Federal Rights
U.S. v. Conatser, No. 06-5694 (6th Cir.) (514 F.3d 508) (February 4, 2008) (Judge Ralph B Jr. Guy) by It is rare to see a really harsh sentence imposed on a renegade prison guard. The powers that be don’t often permit harsh sentences in such cases, no matter how bestial …
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