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Policano v. Herbert, No. 04-5518-pr (2nd Cir.) (507 F.3d 111) (September 19, 2007) (Judge Robert D. Sack)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists

Policano v. Herbert, No. 04-5518-pr (2nd Cir.) (507 F.3d 111) (September 19, 2007) (Judge Robert D. Sack) by For a summary of this ruling, see "A Strange End to a Bizarre Habeas Appeal," by Robert Loblaw, as posted in the Decision of the Day Blog on September 19th, 2007, as …

Pruitt v. Mote, No. 05-1620 (7th Cir.) (503 F.3d 647) (October 3, 2007) (Judge Diane S. Sykes)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Competence to Litigate

Pruitt v. Mote, No. 05-1620 (7th Cir.) (503 F.3d 647) (October 3, 2007) (Judge Diane S. Sykes) by The opening paragraphs of this en banc decision explain why the Court reversed the prior panel's decision reported at Pruitt v. Mote, 472 F.3d 484 (Dec. 28, 2006) : "Benjamin Pruitt, an …

Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (501 F.3d 178) (October 23, 2007) (Per Curiam)

Article • December 1, 2007 • from P&J August, 2008

Filed under: Punch And Jurists

Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (501 F.3d 178) (October 23, 2007) (Per Curiam) by This Protective order was issued in connection with the Court's decision also reported at 501 F.3d 179 (D.C.Cir. July 20, 2007) and then amended on Oct. 23, 2007. Both the July 20 ruling and …

U.S. v. Spivack, No. 05-CR-98 (ERK) (JMA) (E.D.N.Y.) (528 F.Supp.2d 103) (November 29, 2007) (Judge Magistrate)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Restrictions on Access to Evidence

U.S. v. Spivack, No. 05-CR-98 (ERK) (JMA) (E.D.N.Y.) (528 F.Supp.2d 103) (November 29, 2007) (Judge Magistrate) by Here Magistrate Judge Joan Azrack denied the defendant's motion to compel disclosure of the mirror image of the computer hard drive seized from the defendant's computer and generally rejected a series of constitutional …

U.S. v. Sexton, No. 05-6412 (6th Cir.) (512 F.3d 326) (January 11, 2007) (Judge John M. Rogers)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists

U.S. v. Sexton, No. 05-6412 (6th Cir.) (512 F.3d 326) (January 11, 2007) (Judge John M. Rogers) by This case is noted for Judge Merritt’s dissent in which he sharply criticized the federal courts for engaging in "guidelineism”, or “guidelinitis” when imposing sentences, or the inability of the courts to …

U.S. v. Reaves, No. 06-5073 (4th Cir.) (512 F.3d 123) (January 8, 2008) (Judge M. Blane Michael)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, 911 Calls

U.S. v. Reaves, No. 06-5073 (4th Cir.) (512 F.3d 123) (January 8, 2008) (Judge M. Blane Michael) by Here the Court vacated a gun conviction on the grounds that the police lacked reasonable suspicion to stop the defendant in his car, since the stop was based solely on a tip …

U.S. v. Ressam, No. 05-30422 (9th Cir.) (474 F.3d 597) (January 16, 2007) (Judge Pamela Ann Rymer)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, During the Commission of a Felony

U.S. v. Ressam, No. 05-30422 (9th Cir.) (474 F.3d 597) (January 16, 2007) (Judge Pamela Ann Rymer) by Defendant sought review of a decision of the U.S. District Court for the Western District of Washington, which convicted him of nine counts of criminal activity connected to a terrorist plot to …

Wright v. Van Patten, No. 07-212 (U.S. Supreme Court) (552 U.S. 120; 128 S.Ct. 743) (January 7, 2008) (Per Curiam)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Sixth Amendment, Punch And Jurists

Wright v. Van Patten, No. 07-212 (U.S. Supreme Court) (552 U.S. 120; 128 S.Ct. 743) (January 7, 2008) (Per Curiam) by Here the Court reversed the 7th Circuit's grant of habeas relief on the grounds that no clearly established Federal law justified the defendant's claim that he received ineffective assistance …

Ali v. Federal Bureau of Prisons, No. 06-9130 (U.S. Supreme Court) (552 U.S. 214; 128 S.Ct. 831) (January 22, 2008) (Justice Thomas)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Exemptions

Ali v. Federal Bureau of Prisons, No. 06-9130 (U.S. Supreme Court) (552 U.S. 214; 128 S.Ct. 831) (January 22, 2008) (Justice Thomas) by Resolving a Circuit split, the Court held, by a 5-to-4 vote, that held that employees of the BOP are immune from lawsuits under the FTCA for mishandling …

Munaf v. Geren, No. 06-5324 (D.C. Cir.) (482 F.3d 582) (April 6, 2007) (Judge David B. Sentelle)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Jurisdiction

Munaf v. Geren, No. 06-5324 (D.C. Cir.) (482 F.3d 582) (April 6, 2007) (Judge David B. Sentelle) by Appellant, an American citizen, traveled to Iraq in 2005. In October 2006 he was convicted on kidnapping charges and sentenced to death by the Central Criminal Court of Iraq (CCCI). He was …

Bockting v. Bayer, No. 02-15866 (9th Cir.) (505 F.3d 973) (October 12, 2007) (Judge J. Clifford Wallace)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Retroactivity, Punch And Jurists

Bockting v. Bayer, No. 02-15866 (9th Cir.) (505 F.3d 973) (October 12, 2007) (Judge J. Clifford Wallace) by Here, on remand from the Supreme Court, a divided panel affirned a state prison inmate's conviction for sexual abuse of his minor stepdaughter, after concluding that the conviction was properly supported by …

U.S. v. Newson, No. 06-41115 (5th Cir.) (515 F.3d 374) (January 22, 2008) (Judge W. Eugene Davis)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Waiver of Appellate Rights

U.S. v. Newson, No. 06-41115 (5th Cir.) (515 F.3d 374) (January 22, 2008) (Judge W. Eugene Davis) by Here the Court approved the prosecutors' decision to refuse to move for an additional point of acceptance-of-responsibility credit under U.S.S.G. § 3E1.1(b) simply because the defendant refused to agree to waive his …

Irons v. Carey, No. 05-15275 (9th Cir.) (506 F.3d 951) (November 6, 2007) (Per Curiam)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Constitutional Challenges

Irons v. Carey, No. 05-15275 (9th Cir.) (506 F.3d 951) (November 6, 2007) (Per Curiam) by Order denying rehearing en banc of the Court's decision in Irons v. Carey, 505 F.3d 846 (9th Cir. July 13, 2007), over a strong dissent by Judge Kleinfeld (and joined by Judge Bea).

In Re: Grand Jury Subpoena (Boucher), No. 2:06-mj-91 (D.Vt.) (2007 U.S. Dist. LEXIS 87951) (November 29, 2007) (Judge Magistrate)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Computer Passwords

In Re: Grand Jury Subpoena (Boucher), No. 2:06-mj-91 (D.Vt.) (2007 U.S. Dist. LEXIS 87951) (November 29, 2007) (Judge Magistrate) by Sebastian Boucher was arrested on a complaint charging him with transportation of child pornography in violation of 18 U.S.C. § 2252A(a)(1). At the time of his arrest, customs agents seized …

U.S. v. White, No. 05-6596 (6th Cir.) (503 F.3d 487) (October 5, 2007) (Per Curiam)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Post-Apprendi Challenges

U.S. v. White, No. 05-6596 (6th Cir.) (503 F.3d 487) (October 5, 2007) (Per Curiam) by

Kotz v. Lappin, No. Civ. No. 07-0856 (RMU) (D.D.C.) (515 F.Supp.2d 143) (October 10, 2007) (Judge Ricardo M. Urbina)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, RDAP

Kotz v. Lappin, No. Civ. No. 07-0856 (RMU) (D.D.C.) (515 F.Supp.2d 143) (October 10, 2007) (Judge Ricardo M. Urbina) by This case is noted for its review of certain aspects of the Residential Drug Abuse Program (RDAP) that is administered by the Bureau of Prisons (BOP) under 18 U.S.C. § …

DSI Associates, LLC v. U.S., No. 05-6887-cv (2nd Cir.) (496 F.3d 175) (August 2, 2007) (Judge Robert D. Sack)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

DSI Associates, LLC v. U.S., No. 05-6887-cv (2nd Cir.) (496 F.3d 175) (August 2, 2007) (Judge Robert D. Sack) by For a summary of this case, see "Panel Affirms Trial Judge's Ruling on Criminal Forfeiture," by Beth Bar, as published in the New York Law Journal, August 6, 2007, as …

U.S. v. Kemp, No. 97 Cr. 1162 (JFK) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 2199) (January 10, 2008) (Judge John F. Keenan)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Kemp, No. 97 Cr. 1162 (JFK) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 2199) (January 10, 2008) (Judge John F. Keenan) by The defendant in this case, Danny Kemp, was convicted in 1999 of various counts of wire fraud arising out of a scheme to obtain bank loans through the …

U.S. v. Cavera, No. 05-4591-cr(L) (2nd Cir.) (505 F.3d 216) (October 11, 2007) (Judge Richard J. Cardamone)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Rita v. U.S.

U.S. v. Cavera, No. 05-4591-cr(L) (2nd Cir.) (505 F.3d 216) (October 11, 2007) (Judge Richard J. Cardamone) by Here rthe Court held that under the circumstances of this case, the district court's reliance on the simple fact of population density to impose a non-guidelines sentence constituted legal error and rendered …

Moore v. Andreno, No. 06-3623-cv(L) (2nd Cir.) (505 F.3d 203) (October 22, 2007) (Judge John M. Jr. Walker)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Moore v. Andreno, No. 06-3623-cv(L) (2nd Cir.) (505 F.3d 203) (October 22, 2007) (Judge John M. Jr. Walker) by For a summary of this decision, see "2nd Circuit Finds Deputies Immune From Suit for Bad Search," by Mark Hamblett, New York Law Journal, Oct. 25, 2007, as follows: "Uncertainty over …