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U.S. v. Dennison, No. Crim. No. 07-10-P-H (D.Me.) (493 F.Supp.2d 139) (July 2, 2007) (Judge D. Brock Hornby)
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists, Suspension of Prison Sentences
U.S. v. Dennison, No. Crim. No. 07-10-P-H (D.Me.) (493 F.Supp.2d 139) (July 2, 2007) (Judge D. Brock Hornby) by Here Judge Horby used the express statutory authority of 7 U.S.C. § 2024(b)(2) to suspend the sentence of a defendant convicted of food stamp fraud, and he noted that § 2024(b)(2) …
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (495 F.Supp.2d 390) (July 16, 2007) (Judge Lewis A. Kaplan)
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists, The Thompson Memorandum
U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (495 F.Supp.2d 390) (July 16, 2007) (Judge Lewis A. Kaplan) by This decision relates to the Government’s long and highly publicized efforts to prosecute a number of the former partners and employees of KPMG, the giant accounting firm, in what has …
Warshak v. U.S., No. 06-4092 (6th Cir.) (490 F.3d 455) (June 18, 2007) (Judge Boyce F. Jr. Martin)
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists, Emails
Warshak v. U.S., No. 06-4092 (6th Cir.) (490 F.3d 455) (June 18, 2007) (Judge Boyce F. Jr. Martin) by In this case, a panel from the Sixth Circuit examined a common eavesdropping program used by the Government involving the secret interception of a person’s emails that are stored on the …
Crater v. Galaza, No. 05-17027 (9th Cir.) (491 F.3d 1119) (July 9, 2007) (Judge Diarmuid F. O'Scannlain)
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists, Suspension Clause
Crater v. Galaza, No. 05-17027 (9th Cir.) (491 F.3d 1119) (July 9, 2007) (Judge Diarmuid F. O'Scannlain) by This case is noted for its exceptionally detailed analysis of, and it strong rejection of, a series of broad constitutional challenges to the AEDPA, including claims that one provision of the law, …
Wang v. Dept. of Homeland Security, No. 06-3298-ag (2nd Cir.) (484 F.3d 615) (April 19, 2007) (Judge Jose A. Cabranes)
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists
Wang v. Dept. of Homeland Security, No. 06-3298-ag (2nd Cir.) (484 F.3d 615) (April 19, 2007) (Judge Jose A. Cabranes) by Habeas petition under 28 U.S.C. section 2241 challenging final order of removal, and filed more than a year after section 106 of the REAL ID Act of 2005 foreclosed …
U.S. v. Liou, No. 06-4405 (6th Cir.) (491 F.3d 334) (July 20, 2007) (Judge Karen Nelson Moore)
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists, Rita v. U.S.
U.S. v. Liou, No. 06-4405 (6th Cir.) (491 F.3d 334) (July 20, 2007) (Judge Karen Nelson Moore) by U.S. v. Liou, 491 F.3d 334 (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 …
Tennessee v. Garner, No. 83-1035 (U.S. Supreme Court) (471 U.S. 1; 105 S.Ct. 1694) (March 27, 1985) (Justice White)
Article • May 8, 2007
Filed under: Excessive Force, Punch And Jurists
Tennessee v. Garner, No. 83-1035 (U.S. Supreme Court) (471 U.S. 1; 105 S.Ct. 1694) (March 27, 1985) (Justice White) by Case held that apprehension by the use of deadly force is subject to the Fourth Amendment's reasonableness requirement, and notwithstanding cause, the use of deadly force to prevent the escape …
Rita v. U.S., No. 06-5754 (U.S. Supreme Court) (551 U.S. 338; 127 S.Ct. 2456) (June 21, 2007) (Justice Breyer)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Presumption of Reasonableness
Rita v. U.S., No. 06-5754 (U.S. Supreme Court) (551 U.S. 338; 127 S.Ct. 2456) (June 21, 2007) (Justice Breyer) by In this much-awaited sentencing decision, the Supreme Court, by a vote of 8-to-1, held that Federal appellate courts are not precluded from applying a presumption of reasonableness to sentences that …
Bowles v. Russell, No. 06-5306 (U.S. Supreme Court) (551 U.S. 205; 127 S.Ct. 2360) (June 14, 2007) (Justice Thomas)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists
Bowles v. Russell, No. 06-5306 (U.S. Supreme Court) (551 U.S. 205; 127 S.Ct. 2360) (June 14, 2007) (Justice Thomas) by Keith Bowles was convicted of murder in 1999 for taking part in the beating of another man; and he was sentenced to 15 years to life in prison. After exhausting …
U.S. v. Voelker, No. 05-2858 (3rd Cir.) (489 F.3d 139) (June 5, 2007) (Judge Theodore A. McKee)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Lifetime Restrictions
U.S. v. Voelker, No. 05-2858 (3rd Cir.) (489 F.3d 139) (June 5, 2007) (Judge Theodore A. McKee) by During an FBI investigation into the online activities of one Wyndell Williams, agents monitored a “chat” between Williams and Daniel Voelker, a 35 year old Pennsylvania resident. During that conversation, Voelker briefly …
U.S. v. Allen, No. 06-6111 (10th Cir.) (488 F.3d 1244) (May 31, 2007) (Judge Michael W. McConnell)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Future Criminal Conduct
U.S. v. Allen, No. 06-6111 (10th Cir.) (488 F.3d 1244) (May 31, 2007) (Judge Michael W. McConnell) by Leroy Allen pled guilty to a single count of possession of methamphetamine with intent to distribute. His Guideline sentencing range was 120 to 135 months in prison; and the probation officer stated …
Koch v. Cox, No. 06-5134 (D.C. Cir.) (489 F.3d 384) (June 15, 2007) (Judge Douglas Ginsburg)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Psychotherapist-Patient Privilege
Koch v. Cox, No. 06-5134 (D.C. Cir.) (489 F.3d 384) (June 15, 2007) (Judge Douglas Ginsburg) by In a significant privilege decision, the D.C. Circuit has taken a strong stand to protect the confidentiality of mental health records. Plaintiff Randolph Koch sued his employer, the Securities and Exchange Commission, for …
U.S. v. Pruitt, No. 06-3152 (10th Cir.) (502 F.3d 1154) (August 28, 2007) (Judge William J. Jr. Holloway)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Presumption of Reasonableness
U.S. v. Pruitt, No. 06-3152 (10th Cir.) (502 F.3d 1154) (August 28, 2007) (Judge William J. Jr. Holloway) by The issue before the Court in this case was the reasonableness of the 292 month sentence imposed on Terri Pruitt, a 42-year old Kansas mother, who pled guilty to distributing 18.5 …
U.S. v. Heredia, No. 03-10585 (9th Cir.) (483 F.3d 913) (April 30, 2007) (Judge Alex Kozinski)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Knowledge of Illegality
U.S. v. Heredia, No. 03-10585 (9th Cir.) (483 F.3d 913) (April 30, 2007) (Judge Alex Kozinski) by The question whether one can “knowingly” possess drugs without having actual knowledge of it has always vexed defense counsel - and has even confused the courts. More than 30 years ago, the Ninth …
Brendlin v. California, No. 06-8120 (U.S. Supreme Court) (551 U.S. 249; 127 S.Ct. 2400) (June 18, 2007) (Justice Souter)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Passenger's Rights
Brendlin v. California, No. 06-8120 (U.S. Supreme Court) (551 U.S. 249; 127 S.Ct. 2400) (June 18, 2007) (Justice Souter) by The issue before the Court in this case was whether a passenger in a vehicle that is subject to a traffic stop is thereby “seized” for purposes of the Fourth …
U.S. v. Santoya, No. 06-CR-82 (E.D.Wisc.) (493 F.Supp.2d 1075) (June 25, 2007) (Judge Lynn S. Adelman)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Rita v. U.S.
U.S. v. Santoya, No. 06-CR-82 (E.D.Wisc.) (493 F.Supp.2d 1075) (June 25, 2007) (Judge Lynn S. Adelman) by
U.S. v. Doe, No. 05-50474 (9th Cir.) (488 F.3d 1154) (May 29, 2007) (Judge Diarmuid F. O'Scannlain)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists
U.S. v. Doe, No. 05-50474 (9th Cir.) (488 F.3d 1154) (May 29, 2007) (Judge Diarmuid F. O'Scannlain) by Here, stretching the limits of the Mandatory Restitution for Sexual Exploitation of Children Act, 18 U.S.C. § 2259, the Court held that a defendant can be ordered to pay restitution, including costs …
U.S. v. Eversole, No. 06-5215 (6th Cir.) (487 F.3d 1024) (May 31, 2007) (Judge David M. Lawson)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Drug Addiction
U.S. v. Eversole, No. 06-5215 (6th Cir.) (487 F.3d 1024) (May 31, 2007) (Judge David M. Lawson) by This is another sentencing case in which a divided panel from the Sixth Circuit upheld a within-Guidelines sentence of 327 months (27-¼ years) imposed on a 44-year old drug addict who pled …
U.S. v. Kelley, No. 05-10547 (9th Cir.) (482 F.3d 1047) (April 9, 2007) (Judge Pamela Ann Rymer)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Unsolicited Emails
U.S. v. Kelley, No. 05-10547 (9th Cir.) (482 F.3d 1047) (April 9, 2007) (Judge Pamela Ann Rymer) by
U.S. v. Goddard, No. 05-3080 (D.C. Cir.) (491 F.3d 457) (June 22, 2007) (Per Curiam)
Article • May 1, 2007 • from P&J May, 2007
Filed under: Punch And Jurists, Terry Stops
U.S. v. Goddard, No. 05-3080 (D.C. Cir.) (491 F.3d 457) (June 22, 2007) (Per Curiam) by On the evening of March 20, 2004, four Washington, D.C. police officers who were riding in an unmarked police car received a radio alert that an unidentified suspect had attempted to steal a car …
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