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In Re United States, No. C.C. No. Misc. 07-127 (S.D.Tex.) (2007 U.S. Dist. LEXIS 82692) (November 8, 2007) (Judge Magistrate)

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

Filed under: Punch And Jurists, Pen Registers

In Re United States, No. C.C. No. Misc. 07-127 (S.D.Tex.) (2007 U.S. Dist. LEXIS 82692) (November 8, 2007) (Judge Magistrate) by The ongoing debate about amending FISA and other laws that affect the Government’s ability to eavesdrop on suspected terrorists has effectively hidden from public view Government’s growing practice of …

U.S. v. Cedeno, No. 06-CR-00701-1 (E.D.Pa.) (496 F.Supp.2d 562) (July 10, 2007) (Judge Thomas M. Golden)

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

Filed under: Punch And Jurists, Fee Arrangements

U.S. v. Cedeno, No. 06-CR-00701-1 (E.D.Pa.) (496 F.Supp.2d 562) (July 10, 2007) (Judge Thomas M. Golden) by Defendants Jose Cedeno and Juan Minier were indicted in connection with an alleged cocaine distribution conspiracy; and, at their initial detention hearing, attorney John Karoly appeared before the Magistrate Judge, stating that he …

U.S. v. Andujar-Arias, No. 06-1189 (1st Cir.) (507 F.3d 734) (November 19, 2007) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists

U.S. v. Andujar-Arias, No. 06-1189 (1st Cir.) (507 F.3d 734) (November 19, 2007) (Judge Kermit A. Lipez) by After the defendant is this case was convicted of illegal reentry into the U.S. after having previously having been deported, in violation of 8 U.S.C. § 1326(a)(1) and (b)(2), he was sentenced …

U.S. v. Rodriguez, No. 05-3069-cr (2nd Cir.) (496 F.3d 221) (July 24, 2007) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Rodriguez, No. 05-3069-cr (2nd Cir.) (496 F.3d 221) (July 24, 2007) (Judge Pierre N. Leval) by For a summary of the holding in this case, see "Absence of Notes Found Not to Affect 'Brady' Duty," by Tom Perrotta, as published in the New York Law Journal on July …

U.S. v. Cole, No. 06-0226-cr (2nd Cir.) (496 F.3d 188) (August 9, 2007) (Judge Peter W. Hall)

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

Filed under: Punch And Jurists, Different Judge

U.S. v. Cole, No. 06-0226-cr (2nd Cir.) (496 F.3d 188) (August 9, 2007) (Judge Peter W. Hall) by In this case, the district court sua sponte imposed an above-Guidelines sentence, departing 12 months above the highest end of the Guidelines range that it found applicable. As Cole correctly notes, a …

U.S. v. Morris, No. 05-4679 (7th Cir.) (498 F.3d 634) (August 20, 2007) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Harmless Error

U.S. v. Morris, No. 05-4679 (7th Cir.) (498 F.3d 634) (August 20, 2007) (Judge Diane P. Wood) by Here the Court held that, even though the prosecutor had unquestionably engaged in prosecutorial misconduct by incorrectly suggesting that a cooperating witness would get no less than a 10 year sentence for …

Bell v. Miller, No. 05-5235-pr (2nd Cir.) (500 F.3d 149) (August 31, 2007) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Incompetency/Mental Defects

Bell v. Miller, No. 05-5235-pr (2nd Cir.) (500 F.3d 149) (August 31, 2007) (Judge Dennis G. Jacobs) by For a summary of this decision, see "Conviction Upset Over Defense Failure to Test Victim's Memory," by Mark Hamblett, New York Law Journal, September 5, 2007, as follows: "A defense lawyer was …

U.S. v. Brock, No. 05-6621 (6th Cir.) (501 F.3d 762) (September 6, 2007) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists, State Officials

U.S. v. Brock, No. 05-6621 (6th Cir.) (501 F.3d 762) (September 6, 2007) (Judge Jeffrey S. Sutton) by In this case, the Government attempted - and failed - to expand the reach of the Hobbs Act (18 U.S.C. § 1951) to cover what the Court concluded was a purely state …

U.S. v. Johnson, No. 06-1001 (8th Cir.) (495 F.3d 951) (July 30, 2007) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. 06-1001 (8th Cir.) (495 F.3d 951) (July 30, 2007) (Judge Roger L. Wollman) by Defendant appealed from a judgment of the District Court for the Northern District of Iowa convicting her of aiding and abetting the murder of five individuals while working in furtherance of a …

U.S. v. Taylor, No. 06-2216 (1st Cir.) (499 F.3d 94) (August 17, 2007) (Judge Juan R. Torruella)

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

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

U.S. v. Taylor, No. 06-2216 (1st Cir.) (499 F.3d 94) (August 17, 2007) (Judge Juan R. Torruella) by Here the Court affirmed a district court’s broad use a defendant’s “extraordinary good works” pursuant to U.S.S.G. § 5H1.11 as the justification for imposing a non-Guidelines sentence; although it then held that …

U.S. v. Cooper, No. 06-6309 (10th Cir.) (498 F.3d 1156) (August 21, 2007) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Appeals of Restitution Order

U.S. v. Cooper, No. 06-6309 (10th Cir.) (498 F.3d 1156) (August 21, 2007) (Judge Paul J. Jr. Kelly) by In a case of first impression for the Tenth Circuit, the Court held that a general waiver of the right to appeal a “sentence” includes the right to challenge all aspects …

U.S. v. Serawop, No. 06-4022 (10th Cir.) (505 F.3d 1112) (October 25, 2007) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Lost Income

U.S. v. Serawop, No. 06-4022 (10th Cir.) (505 F.3d 1112) (October 25, 2007) (Judge Robert H. Henry) by In the 09/24/07 issue of P&J, we noted, in our discussion of U.S. v. Ogburn, 499 F.Supp.2d 29 (D.D.C. 2007), a growing tendency of the Federal courts to impose ridiculous restitution orders …

Tabbaa v. Chertoff, No. 06-0119-cv (2nd Cir.) (509 F.3d 89) (November 26, 2007) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Probable Cause

Tabbaa v. Chertoff, No. 06-0119-cv (2nd Cir.) (509 F.3d 89) (November 26, 2007) (Judge Chester J. Straub) by Over the Christmas holidays in 2004, some 13,0000 Muslims from across North America traveled to Toronto, Canada to attend a Muslim conference known as the Reviving the Islamic Spirit (“RIS”) conference in …

Jordan v. Pugh, No. 02-cv-01239-MSK-PAC (D.Colo.) (504 F.Supp.2d 1109) (August 9, 2007) (Judge Marcia S. Krieger)

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

Filed under: First Amendment, Punch And Jurists

Jordan v. Pugh, No. 02-cv-01239-MSK-PAC (D.Colo.) (504 F.Supp.2d 1109) (August 9, 2007) (Judge Marcia S. Krieger) by Here the Court held that the BOP's 28-year old rule (set forth in 28 C.F.R. § 549.20(b)), which prohibits inmates from publishing under a byline unconstitutionally violates the First Amendment; and it enjoined …

Blockburger v. U.S., No. 374 (U.S. Supreme Court) (284 U.S. 299; 52 S.Ct. 180) (January 4, 2032) (Justice Sutherland)

Article • September 14, 2007

Filed under: Punch And Jurists

Blockburger v. U.S., No. 374 (U.S. Supreme Court) (284 U.S. 299; 52 S.Ct. 180) (January 4, 2032) (Justice Sutherland) by Landmark double jeopardy case that established a rule of statutory construction under which two crimes are deemed different for double jeopardy purposes if they require proof of different "elements". In …

U.S. v. Hamad, No. 05-4196 (6th Cir.) (495 F.3d 241) (July 19, 2007) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Hamad, No. 05-4196 (6th Cir.) (495 F.3d 241) (July 19, 2007) (Judge Jeffrey S. Sutton) by Here the Court addressed a sentencing issue that is substantially unresolved - namely, what due process rights does a defendant have at sentencing; and the Court held that, at a minimum, he …

U.S. v. Kramer, No. 06-cr-200-ENV-CLP (E.D.N.Y.) (499 F.Supp.2d 300) (August 15, 2007) (Judge Eric N. Vitaliano)

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

Filed under: Punch And Jurists, Withholding Immigration Documents

U.S. v. Kramer, No. 06-cr-200-ENV-CLP (E.D.N.Y.) (499 F.Supp.2d 300) (August 15, 2007) (Judge Eric N. Vitaliano) by In this case, Judge Vitaliano granted defendant Abdullah Alhababi’s motion to dismiss an indictment which charged him with collection of extension of credit by extortionate means, in violation of 18 U.S.C. § 894(a). …

U.S. v. Sabhnani, No. 07-2567-cr(L) (2nd Cir.) (493 F.3d 63) (July 6, 2007) (Judge Reena Raggi)

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

Filed under: Punch And Jurists, Conditions of

U.S. v. Sabhnani, No. 07-2567-cr(L) (2nd Cir.) (493 F.3d 63) (July 6, 2007) (Judge Reena Raggi) by For a commentary on this decision, see "Panel Upsets Detention Order Imposed on L.I. Couple," by Mark Hamblett, The New York Law Journal, July 10, 2007, as follows: "A Long Island couple accused …

U.S. v. Kilkenny, No. 05-6847-cr (2nd Cir.) (493 F.3d 122) (July 5, 2007) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists

U.S. v. Kilkenny, No. 05-6847-cr (2nd Cir.) (493 F.3d 122) (July 5, 2007) (Judge Richard J. Cardamone) by For a summary of the holding in this case, see "Circuit Finds Wrong Version of Guidelines Applied in Fraud Case," by Mark Hamblett, as published in the New York Law Journal on …

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (494 F.3d 1135) (July 17, 2007) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Dismissal of Indictment

U.S. v. Jenkins, No. 06-50049 (9th Cir.) (494 F.3d 1135) (July 17, 2007) (Judge Jr. William C. Canby) by Here a divided panel from the Ninth Circuit dismissed an indictment that charged the defendant with the crime of alien smuggling on the ground that the prosecutor’s conduct created the appearance …