Search | Punch and Jurists

U.S. v. Arnold, No. 06-50581 (9th Cir.) (523 F.3d 941) (April 21, 2008) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Computer Searches, Punch And Jurists

U.S. v. Arnold, No. 06-50581 (9th Cir.) (523 F.3d 941) (April 21, 2008) (Judge Diarmuid F. O'Scannlain) by On July 17, 2005, Michael Timothy Arnold, a 43-year old U.S. citizen, arrived at the Los Angeles International Airport after a nearly twenty-hour flight from the Philippines. Included in his luggage was …

U.S. v. Pepin, No. 06-1462-cr(L) (2nd Cir.) (514 F.3d 193) (February 6, 2008) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Gruesome Evidence

U.S. v. Pepin, No. 06-1462-cr(L) (2nd Cir.) (514 F.3d 193) (February 6, 2008) (Judge Robert D. Sack) by In case where defendant awaits trial on charges eligible for the death penalty, order excluding evidence of post-mortem dismemberment of the victims is vacated as: 1) to the extent that the district …

U.S. v. Poland, No. 05-69-P-H (D.Me.) (533 F.Supp.2d 199) (February 4, 2008) (Judge D. Brock Hornby)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Poland, No. 05-69-P-H (D.Me.) (533 F.Supp.2d 199) (February 4, 2008) (Judge D. Brock Hornby) by U.S. v. Poland, 533 F.Supp.2d 199 (D.Me. Feb. 4, 2008) (Judge Hornby) U.S. v. Park, 533 F.Supp.2d 474 (S.D.N.Y. Feb. 11, 2008) (Judge Chin) On December 1, 2007, Rule 35(b)(1) of the Fed.R.Crim.P. …

U.S. v. Ibanga, No. 06-4738 (4th Cir.) (271 Fed.Appx. 298) (April 1, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Ibanga, No. 06-4738 (4th Cir.) (271 Fed.Appx. 298) (April 1, 2008) (Per Curiam) by In U.S. v. Ibanga, 454 F.Supp.2d 532 (E.D.Va. Oct. 5, 2006) (P&J, 09/04/06) (“Ibanga I”), Judge Walter Kelley thoughtfully explained why he felt that acquitted conduct should no longer be used at sentencing now …

Evans v. Thompson, No. 07-1014 (1st Cir.) (518 F.3d 1) (February 8, 2008) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Constitutional Challenges

Evans v. Thompson, No. 07-1014 (1st Cir.) (518 F.3d 1) (February 8, 2008) (Judge Sandra L. Lynch) by Petitioner inmate sought federal habeas relief under 28 U.S.C. § 2254 and asserted that he received ineffective assistance of counsel and that the limitations imposed by 28 U.S.C. § 2254(d)(1), as amended …

U.S. v. Polizzi, No. 06-cr-22 (JBW) (E.D.N.Y.) (549 F.Supp.2d 308) (April 1, 2008) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Polizzi, No. 06-cr-22 (JBW) (E.D.N.Y.) (549 F.Supp.2d 308) (April 1, 2008) (Judge Jack B. Weinstein) by Here the Court granted a defendant a new trial in a child pornography case after admitting that he has committed a “constitutional error” in failing to allow the defendant to advise the …

U.S. v. Young, No. 2:03-cr-00549-RLH-LRL (D.Nev.) (533 F.Supp.2d 1086) (December 11, 2007) (Judge Roger L. Hunt)

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

Filed under: Punch And Jurists, Inmate Financial Responsibility Program (IFRP)

U.S. v. Young, No. 2:03-cr-00549-RLH-LRL (D.Nev.) (533 F.Supp.2d 1086) (December 11, 2007) (Judge Roger L. Hunt) by In a sweeping but cursory ruling, District Judge Roger Hunt rejected a series of challenges to the scope and validity of the Bureau of Prison’s Inmate Financial Responsibility Program (IFRP), the details of …

U.S. v. Gaither, No. Crim. No. 08-03 J (W.D.Pa.) (533 F.Supp.2d 540) (February 5, 2008) (Judge Kim R. Gibson)

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

Filed under: Punch And Jurists, Government Informants

U.S. v. Gaither, No. Crim. No. 08-03 J (W.D.Pa.) (533 F.Supp.2d 540) (February 5, 2008) (Judge Kim R. Gibson) by This is an interesting decision in which the Court approved a plea agreement that provided for the conviction of the defendant, Sheila Gaither, for a misdemeanor under 18 U.S.C. § …

Muniz v. Sabol, No. 06-2692 (1st Cir.) (517 F.3d 29) (February 26, 2008) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, 10% Limitation

Muniz v. Sabol, No. 06-2692 (1st Cir.) (517 F.3d 29) (February 26, 2008) (Judge Jeffrey R. Howard) by In this decision, the First Circuit became the first Circuit to hold that the Federal Bureau of Prisons (“BOP”) may, through rulemaking, deny placement of inmates in “halfway houses” during the first …

Virginia v. Moore, No. 06-1082 (U.S. Supreme Court) (553 U.S. 164; 128 S.Ct. 1598) (April 23, 2008) (Justice Scalia)

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

Filed under: Punch And Jurists, Search Incident to Illegal Arrest

Virginia v. Moore, No. 06-1082 (U.S. Supreme Court) (553 U.S. 164; 128 S.Ct. 1598) (April 23, 2008) (Justice Scalia) by Here a unanimous Supreme Court held that state police do not violate the Fourth Amendment when they make an arrest that was based on probable cause but prohibited by state …

Burgess v. U.S., No. 06-11429 (U.S. Supreme Court) (553 U.S. 124; 128 S.Ct. 1572) (April 16, 2008) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Statutory Interpretation

Burgess v. U.S., No. 06-11429 (U.S. Supreme Court) (553 U.S. 124; 128 S.Ct. 1572) (April 16, 2008) (Justice Ginsburg) by Here the Court upheld the imposition of an enhanced mandatory minimum sentence on a defendant in a drug case after concluding that a prior state crime that was classified as …

U.S. v. Vonner, No. 05-5295 (6th Cir.) (516 F.3d 382) (February 7, 2008) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists, Adequacy

U.S. v. Vonner, No. 05-5295 (6th Cir.) (516 F.3d 382) (February 7, 2008) (Judge Jeffrey S. Sutton) by For a commentary on this decision, see "Circuit split widens on sentencing issue," by Pamela A. MacLean, The National Law Journal, February 25, 2008, as follows: A deepening split among federal circuit …

U.S. v. E-Gold, Ltd., No. 07-3074 (D.C. Cir.) (521 F.3d 411) (April 11, 2008) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, "Extraordinary Circumstances" Test

U.S. v. E-Gold, Ltd., No. 07-3074 (D.C. Cir.) (521 F.3d 411) (April 11, 2008) (Judge David B. Sentelle) by Here the Court held that efendants have a right to an adversary post-restraint, pretrial hearing for the purpose of establishing whether there was probable cause to support the forfeitability of assets …

U.S. v. Carty, No. 05-10200 (9th Cir.) (520 F.3d 984) (March 24, 2008) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Carty, No. 05-10200 (9th Cir.) (520 F.3d 984) (March 24, 2008) (Judge Pamela Ann Rymer) by In this consolidated appeal, two defendants sought review of their sentences which were imposed by the United States District Court for the District of Arizona and the United States District Court for …

U.S. v. Ramnath, No. 9:07-MJ-28 (E.D.Tex.) (533 F.Supp.2d 662) (January 11, 2008) (Judge Magistrate)

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

Filed under: Punch And Jurists, Extradition

U.S. v. Ramnath, No. 9:07-MJ-28 (E.D.Tex.) (533 F.Supp.2d 662) (January 11, 2008) (Judge Magistrate) by In this rare but intriguing ruling, Magistrate Judge Earl Hines granted bail to Priya Ramnath, a physician and citizen of India, who was being held in detention by the U.S. pursuant to a request for …

U.S. v. Gracia, No. 07-40245 (5th Cir.) (522 F.3d 597) (March 31, 2008) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Witness Bolstering

U.S. v. Gracia, No. 07-40245 (5th Cir.) (522 F.3d 597) (March 31, 2008) (Judge Jacques L. Jr. Wiener) by In a rare ruling, a panel from the Fifth Circuit reversed a criminal conviction on the ground that the prosecutor had used his closing argument to improperly bolster the credibility of …

U.S. v. Dupes, No. 05-5522-cr(L) (2nd Cir.) (513 F.3d 338) (January 9, 2008) (Judge John F. Keenan)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Dupes, No. 05-5522-cr(L) (2nd Cir.) (513 F.3d 338) (January 9, 2008) (Judge John F. Keenan) by Sentence based on guilty plea to securities fraud and conspiracy to commit securities fraud is affirmed over defendant's claims that: 1) the imposition of special conditions of supervised release relating to his …

U.S. v. Park, No. S4 05 Cr. 59 (DC) (S.D.N.Y.) (533 F.Supp.2d 474) (February 11, 2008) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Park, No. S4 05 Cr. 59 (DC) (S.D.N.Y.) (533 F.Supp.2d 474) (February 11, 2008) (Judge Denny Chin) by Here Judge Chin of the S.D.N.Y. ruled that amended Rule 35(b)(1) of the Fed.R.Crim.P. now permits a sentencing court to enlarge a sentence reduction based on factors unrelated to the …

U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (513 F.3d 908) (January 22, 2008) (Judge Jeremy Fogel)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (513 F.3d 908) (January 22, 2008) (Judge Jeremy Fogel) by The defendant in this case had previously has been convicted of aggravated assault on a corrections officer, lewd and lascivious acts with a child under the age of 14, annoying children and trespassing. …

U.S. v. McWilliams, No. 3:07-00126 (S.D.W.Va.) (530 F.Supp.2d 813) (January 10, 2008) (Judge Robert C. Chambers)

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

Filed under: Punch And Jurists

U.S. v. McWilliams, No. 3:07-00126 (S.D.W.Va.) (530 F.Supp.2d 813) (January 10, 2008) (Judge Robert C. Chambers) by Here the Court granted a defense motion to exclude some 2,500 recorded phone calls obtained pursuant to a wiretap order because the Government had delayed, without a "satisfactory explanation", to seal the tapes …