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Article • July 1, 2007 • from P&J July, 2007
Blake v. Carbone, No. 05-2988-ag(L) (2nd Cir.) (489 F.3d 88) (June 1, 2007) (Judge Richard C. Wesley) by Petitions for review of orders holding deportees ineligible for relief under former section 212(c) of the Immigration and Nationality Act because their aggravated felony ground of deportation lacked a counterpart ground of …
U.S. v. Hurn, No. 06-3666 (7th Cir.) (496 F.3d 784) (August 3, 2007) (Judge Joel L. Flaum) by Judge Hugh Bownes of the First Circuit once commented on the insidious effect of using acquitted conduct to increase a defendant’s sentence by stating: “[W]e believe that a defendant's Fifth and Sixth …
Article • July 1, 2007 • from P&J July, 2007
U.S. v. Gammicchia, No. 06-3325 (7th Cir.) (498 F.3d 467) (August 9, 2007) (Judge Richard A. Posner) by U.S. v. Gammicchia, 498 F.3d 467 (7th Cir. Aug. 9, 2007) (Judge Posner) U.S. v. Paul, 239 Fed.Appx. 353 (9th Cir. Aug. 17, 2007) (Per Curiam) (unpublished) It is, by now, well …
Article • July 1, 2007 • from P&J July, 2007
Filed under: Punch And Jurists
U.S. v. Kapp, No. 06-CR-389 (M.D.Pa.) (487 F.Supp.2d 536) (May 16, 2007) (Judge Yvette Kane) by Here, Chief Judge Yvette Kane held that the provisions of the Sex Offender Registration and Notification Act, 18 U.S.C. § 2250 (“SORNA”), which were recently amended in part by the Adam Walsh Child Protection …
Article • July 1, 2007 • from P&J July, 2007
Filed under: Punch And Jurists
U.S. v. Larson, No. 05-30076 (9th Cir.) (495 F.3d 1094) (August 1, 2007) (Judge Richard A. Paez) by In a much criticized decision previously reported at U.S. v. Larson, 460 F.3d 1200 (9th Cir. 2006) (P&J, 08/07/06) (Larson I), a three-judge panel held that the district court had not erred …
Article • July 1, 2007 • from P&J July, 2007
Filed under: Punch And Jurists
U.S. v. Griffin, No. Crim. No. 05-10175-WGY (D.Mass.) (494 F.Supp.2d 1) (June 6, 2007) (Judge William G. Young) by Six days after defendant's sentencing, the United States Supreme Court decided Cunningham v. California, 127 S.Ct. 856 (2007), which affected the legal framework applicable to defendant's sentence. In light of the …
Article • July 1, 2007 • from P&J July, 2007
U.S. v. Lopez-Vanegas, No. 05-15021 (11th Cir.) (493 F.3d 1305) (July 26, 2007) (Judge Donald E. Walter) by The defendants in this case, Doris Salazar ("Salazar") and Ivan Lopez-Vanegas ("Lopez") appealed their convictions on one count each of conspiracy to possess with the intent to distribute five kilograms or more …
Article • July 1, 2007 • from P&J July, 2007
U.S. v. Frank, No. 04-20778-CR-JORDAN (S.D.Fla.) (486 F.Supp.2d 1353) (May 4, 2007) (Judge Adalberto Jose Jordan) by Kent Frank, an American citizen, was indicted for traveling to Cambodia on five occasions to engage in illicit sexual conduct in that country with various females under the age of 18. The charges …
Article • June 19, 2007
Brecht v. Abrahamson, No. 91-7358 (U.S. Supreme Court) (507 U.S. 619; 113 S.Ct. 1710) (April 21, 1993) (Justice Rehnquist) by In this case, the Court built upon the harmless error standard that was established in Chapman v. California, 386 U.S. 18, 24 (1967) where the Court held that a conviction …
Article • June 11, 2007 • from P&J May, 2007
Erickson v. Pardus, No. 06-7317 (U.S. Supreme Court) (551 U.S. 89; 127 S.Ct. 2197) (June 4, 2007) (Per Curiam) by It is really hard to glean much of value from this brief, per curiam decision involving a claim of unconstitutionally deficient health care in the Colorado state prison system. But …
Article • June 11, 2007 • from P&J May, 2007
Uttecht v. Brown, No. 06-413 (U.S. Supreme Court) (551 U.S. 1; 127 S.Ct. 2218) (June 4, 2007) (Justice Kennedy) by This is the eighth death penalty case that the Supreme Court has decided this term; and in each of those cases Justice Kennedy has provided the swing vote - four …
Article • June 1, 2007 • from P&J June, 2007
U.S. v. Wilms, No. 06-1896 (6th Cir.) (495 F.3d 277) (July 23, 2007) (Judge Karen Nelson Moore) by U.S. v. Liou, 491 F.3d 277 (6th Cir. July 20, 2007) (Judge Moore) U.S. v. Wilms, 495 F.3d 277 (6th Cir. July 23, 2007) (Judge Moore) These two cases, both authored by …
Article • June 1, 2007 • from P&J June, 2007
U.S. v. Forrester, No. 05-50410 (9th Cir.) (495 F.3d 1041) (July 6, 2007) (Judge Raymond C. Fisher) by In this case, the Ninth Circuit became the first Circuit to hold that government surveillance of e-mail and Internet activity does not violate the Fourth Amendment’s "reasonable expectation of privacy" - principally …
Article • June 1, 2007 • from P&J June, 2007
U.S. v. Gray, No. 05-4397 (4th Cir.) (491 F.3d 138) (July 2, 2007) (Judge J. Harvie III Wilkinson) by As a result of complaints about drug activity, the police went to Joshua Gray's apartment in Huntington, WV to conduct a "knock and talk." The officers did not apply for a …
Article • June 1, 2007 • from P&J June, 2007
U.S. v. Stanko, No. 06-3157 (8th Cir.) (491 F.3d 408) (June 20, 2007) (Judge Raymond W. Gruender) by Ordinarily, it is unlawful for anyone "who has been convicted in any court of, a crime publishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition. (See, …
Article • June 1, 2007 • from P&J June, 2007
U.S. v. Castillo, No. 05-30401 (9th Cir.) (496 F.3d 947) (July 25, 2007) (Judge Jay S. Bybee) by In a prior ruling reported at U.S. v. Jacobo Castillo, 464 F.3d 988 (9th Cir. June 7, 2006), a panel from the Ninth Circuit held that where defendant unconditionally pleads guilty to …
Article • June 1, 2007 • from P&J June, 2007
Iqbal v. Hasty, No. 05-5768-cv(L) (2nd Cir.) (490 F.3d 143) (June 14, 2007) (Judge Jon O. Newman) by Shortly after the terrorist attacks on 9/11, the FBI began rounding up and detaining literally thousands of Arab Muslims who were living in the United States, sometimes on the grounds that they …
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists
Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (501 F.3d 178) (July 20, 2007) (Judge Douglas Ginsburg) by In a significant setback to the Bush Administration’s policies regarding the detention of alleged terrorists at the military prison at Guantanamo Bay, Cuba, the D.C. Circuit has ruled that it will engage in …
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists
Tang v. Chertoff, No. 07cv10231-NG (D.Mass.) (493 F.Supp.2d 148) (June 26, 2007) (Judge Nancy Gertner) by The first two paragraphs of this decision by Judge Gertner explain why she rejected, as unacceptable, a four-year delay by the U.S. Citizenship and Immigration Service in acting on an application for adjustment of …
Article • June 1, 2007 • from P&J June, 2007
A.C.L.U. v. National Security Agency, No. 06-2095 (6th Cir.) (493 F.3d 644) (July 6, 2007) (Judge Alice M. Batchelder) by In the first appeals court ruling on the Bush Administration's controversial electronic spying program, known as the Terrorist Surveillance Program (“TSP”), a divided panel from the Sixth Circuit vacated Judge …
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