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U.S. v. Hirliman, No. 05-3677-cr(L) (2nd Cir.) (503 F.3d 212) (September 27, 2007) (Judge Ralph K. Jr. Winter)
Article • November 1, 2007 • from P&J November, 2007
Filed under: Punch And Jurists, Different Judge
U.S. v. Hirliman, No. 05-3677-cr(L) (2nd Cir.) (503 F.3d 212) (September 27, 2007) (Judge Ralph K. Jr. Winter) by For a summary of this decision, see "2nd Circuit Removes Judge From Case for Repeated Refusal to Document Sentence Grid Departure," by Mark Hamblett, as published in the New York Law …
Pinkerton v. U.S., No. 719 (U.S. Supreme Court) (328 U.S. 640; 66 S.Ct. 1180) (June 10, 2046) (Justice Douglas)
Article • October 5, 2007
Filed under: Punch And Jurists, Co-conspirator/Accomplice liability
Pinkerton v. U.S., No. 719 (U.S. Supreme Court) (328 U.S. 640; 66 S.Ct. 1180) (June 10, 2046) (Justice Douglas) by In this case the Court held that a party to a continuing conspiracy may be responsible for a substantive offense committed by a co-conspirator pursuant to and in furtherance of …
U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (506 F.3d 811) (October 31, 2007) (Judge Jeremy Fogel)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication
U.S. v. Hernandez-Vasquez, No. 06-50198 (9th Cir.) (506 F.3d 811) (October 31, 2007) (Judge Jeremy Fogel) by This is an important decision on the forced use of antipsychotic drugs on prisoners in order to render them competent to stand trial; and it establishes come concrete guidelines for district courts to …
U.S. v. Razmilovic, No. 06-4195-cr (2nd Cir.) (507 F.3d 130) (August 27, 2007) (Judge Robert A. Katzmann)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists
U.S. v. Razmilovic, No. 06-4195-cr (2nd Cir.) (507 F.3d 130) (August 27, 2007) (Judge Robert A. Katzmann) by For a summary of the holding in this case, see "Finding Mistrial Decision Premature, 2nd Circuit Bars Retrial of White-Collar Defendants," by Mark Hamblett, New York Law Journal, August 28, 2007, as …
U.S. v. Kilbride, No. CR 05-870-PHX-DGC (D.Ariz.) (507 F.Supp.2d 1051) (August 24, 2007) (Judge David G.. Campbell)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, CAN-SPAM Act
U.S. v. Kilbride, No. CR 05-870-PHX-DGC (D.Ariz.) (507 F.Supp.2d 1051) (August 24, 2007) (Judge David G.. Campbell) by This case involved the first reported criminal convictions under the recently enacted CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketings Act), which is codified at 15 U.S.C. §§ 7701-7713 and …
Doe v. Bredesen, No. 06-6393 (6th Cir.) (507 F.3d 998) (November 16, 2007) (Judge Richard Allen Griffin)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, GPS Tracking Device
Doe v. Bredesen, No. 06-6393 (6th Cir.) (507 F.3d 998) (November 16, 2007) (Judge Richard Allen Griffin) by Appellant John Doe pled guilty in a Tennessee state court to various crimes including two counts of sexual battery. At the time of his conviction, Doe’s sexual battery offenses were termed by …
U.S. v. Acosta, No. 05-1284-cr(L) (2nd Cir.) (502 F.3d 54) (September 5, 2007) (Judge Richard C. Wesley)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Searches - Knock and Announce
U.S. v. Acosta, No. 05-1284-cr(L) (2nd Cir.) (502 F.3d 54) (September 5, 2007) (Judge Richard C. Wesley) by For a summary of the holding in this case, see "Breach of Announce Rule Not Linked to Suppression - Circuit Finds Forced Entry No Basis for Exclusion," by Mark Hamblett, New York …
Rodriguez v. Miller, No. 04-6665-pr (2nd Cir.) (499 F.3d 136) (August 29, 2007) (Judge Joseph M. McLaughlin)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Closure of Courtroom
Rodriguez v. Miller, No. 04-6665-pr (2nd Cir.) (499 F.3d 136) (August 29, 2007) (Judge Joseph M. McLaughlin) by For a summary of the holding in this case, see "Following High Court Cue, 2nd Circuit Cancels Habeas Grant," by Mark Hamblett, New York Law Journal, August 31, 2007, as follows: "A …
U.S. v. Hargrove, No. 06-4276-cr (2nd Cir.) (497 F.3d 256) (August 16, 2007) (Judge Richard C. Wesley)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists
U.S. v. Hargrove, No. 06-4276-cr (2nd Cir.) (497 F.3d 256) (August 16, 2007) (Judge Richard C. Wesley) by Fom a commentary on this decision, see "2nd Circuit Rules on Latest Post-'Booker' Issue," by Mark Hamblett, New York Law Journal, August 27, 2007, as follows: "District courts are not required to …
U.S. v. Garcia, No. 05-30596 (9th Cir.) (497 F.3d 964) (August 10, 2007) (Judge Raymond C. Fisher)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Rita v. U.S.
U.S. v. Garcia, No. 05-30596 (9th Cir.) (497 F.3d 964) (August 10, 2007) (Judge Raymond C. Fisher) by Defendants were among 13 defendants charged in a 25-count indictment with participating in a conspiracy to distribute methamphetamine obtained from various sources, both inside and outside Montana, and with related firearm offenses. …
U.S. v. Khan, No. 05-6522-cv (2nd Cir.) (497 F.3d 204) (August 10, 2007) (Judge John M. Jr. Walker)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Khan, No. 05-6522-cv (2nd Cir.) (497 F.3d 204) (August 10, 2007) (Judge John M. Jr. Walker) by For a commentary on this decision, see "Denial of Fees in Forfeiture Suit Involving Couriers Upheld," by Mark Hamblett, as published in the New York Law Journal on August 13, 2007, …
U.S. v. Cullen, No. 06-0607-cr (2nd Cir.) (499 F.3d 157) (August 23, 2007) (Judge Richard J. Cardamone)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Wild Bird Conservation Act
U.S. v. Cullen, No. 06-0607-cr (2nd Cir.) (499 F.3d 157) (August 23, 2007) (Judge Richard J. Cardamone) by For a summary of this decision, see "2nd Circuit Upholds Conviction in Rare Bird Import Case," by Mark Hamblett, New York Law Journal, August 28, 2007, as follows: "Deciding a "rare bird" …
Karpova v. Snow, No. 06-0104-cv (2nd Cir.) (497 F.3d 262) (August 14, 2007) (Judge Richard J. Cardamone)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Travel Restrictions
Karpova v. Snow, No. 06-0104-cv (2nd Cir.) (497 F.3d 262) (August 14, 2007) (Judge Richard J. Cardamone) by For a summary of this decision, see "Circuit Upholds Fine for 'Human Shield'," by Mark Hamblett, as published in the Wall Street Journal, August 16, 2007, as follows: "A freelance journalist who …
ABC v. DEF, No. 06-1362-cv (2nd Cir.) (500 F.3d 103) (September 5, 2007) (Judge Dennis G. Jacobs)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Lost Property
ABC v. DEF, No. 06-1362-cv (2nd Cir.) (500 F.3d 103) (September 5, 2007) (Judge Dennis G. Jacobs) by For a summary of the holding in this case, see "Inmates Can Sue Over Lost Property, Circuit Determines," by Mark Hamblett, New York Law Journal, September 10, 2007, as follows: "Prison officials …
U.S. v. Wachowiak, No. 06-1643 (7th Cir.) (496 F.3d 744) (August 1, 2007) (Judge Diane S. Sykes)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Rita v. U.S.
U.S. v. Wachowiak, No. 06-1643 (7th Cir.) (496 F.3d 744) (August 1, 2007) (Judge Diane S. Sykes) by In this case, the Seventh Circuit actually approved a 70 month prison sentence for a defendant in a pornography case, despite acknowledging that the sentence was “considerably less” than the defendant’s advisory …
U.S. v. Barnett, No. 06-3215 (7th Cir.) (505 F.3d 673) (October 2, 2007) (Judge Ilana Diamond Rovner)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Frisks after an initial stop
U.S. v. Barnett, No. 06-3215 (7th Cir.) (505 F.3d 673) (October 2, 2007) (Judge Ilana Diamond Rovner) by In its seminal case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court held that a police officer may stop an individual and question him based on less than probable …
Ibrahim v. Titan Corporation, No. Civ. No. 04-1248 (JR) (D.D.C.) (556 F.Supp.2d 1) (November 6, 2007) (Judge James Robertson)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Abu Ghraib Prison
Ibrahim v. Titan Corporation, No. Civ. No. 04-1248 (JR) (D.D.C.) (556 F.Supp.2d 1) (November 6, 2007) (Judge James Robertson) by Even if it was virtually totally ignored by most of the press in the United States, this is an important ruling that could have a huge impact on restraining some …
Al-Haramain Islamic Foundation, Inc. v. Bush, No. 06-36083 (9th Cir.) (507 F.3d 1190) (November 16, 2007) (Judge M. Margaret McKeown)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, States Secrets Privilege
Al-Haramain Islamic Foundation, Inc. v. Bush, No. 06-36083 (9th Cir.) (507 F.3d 1190) (November 16, 2007) (Judge M. Margaret McKeown) by Here the Court held that the plaintiff was barred, under the "state secrets" privilege, from using a top secret document that the FBI had inadvertently given to its counsel …
U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Refusal to file motion
U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson) by Here, joining with similar rulings from the Third and Ninth Circuits, the Eleventh Circuit held that, when the Government refuses to file a motion for a downward departure under U.S.S.G. § 5K1.1 …
U.S. v. Cope, No. 06-50441 (9th Cir.) (506 F.3d 908) (November 5, 2007) (Judge Sidney R. Thomas)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Chemical Castration
U.S. v. Cope, No. 06-50441 (9th Cir.) (506 F.3d 908) (November 5, 2007) (Judge Sidney R. Thomas) by Here the Court held that there are significant liberty interests at stake when a court orders a defendant to undergo forced medication (such as “chemical castration”) as a special condition of supervised …
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