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Montgomery v. Louisiana, No. 14-280 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 718) (January 25, 2016) (Justice Kennedy)

Article • December 26, 2016 • from P&J February, 2016

Filed under: Punch And Jurists

Montgomery v. Louisiana, No. 14-280 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 718) (January 25, 2016) (Justice Kennedy) by In 1963, Henry Montgomery was convicted of murdering of a deputy sheriff in Baton Rouge, LA. The crime was committed when Montgomery was 17 years old. He was sentenced to …

Betterman v. Montana, No. 14-1457 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1609) (May 19, 2016) (Justice Ginsburg)

Article • December 26, 2016 • from P&J May, 2016

Filed under: Sentencing, Punch And Jurists

Betterman v. Montana, No. 14-1457 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1609) (May 19, 2016) (Justice Ginsburg) by According to the Solicitor General, in an amicus brief filed in thus case, in Federal criminal prosecutions,“the median time between conviction and sentencing in 2014 was 99 days.” Here, the …

Tyler v. Hillsdale Co. Sheriff's Dept., No. 13-1876 (6th Cir.) (837 F.3d 678) (September 15, 2016) (Judge Julia Smith Gibbons)

Article • December 26, 2016 • from P&J December, 2016

Filed under: Punch And Jurists

Tyler v. Hillsdale Co. Sheriff's Dept., No. 13-1876 (6th Cir.) (837 F.3d 678) (September 15, 2016) (Judge Julia Smith Gibbons) by Since 1968, one of the mainstays of the Federal Gun Control Act has been 18 U.S.C. § 922(g)(4), which prohibits any person “who has been adjudicated as a mental …

Voisine v. U.S., No. 14-10154 (U.S. Supreme Court) (579 U.S. ___; 136 S.Ct. 2272) (June 27, 2016) (Justice Kagan)

Article • December 26, 2016 • from P&J June, 2016

Filed under: Punch And Jurists

Voisine v. U.S., No. 14-10154 (U.S. Supreme Court) (579 U.S. ___; 136 S.Ct. 2272) (June 27, 2016) (Justice Kagan) by This is another anti-climactic Second Amendment decision in which the Court affirmed another sweeping limitation on the right of citizens to own or possess guns. Federal law prohibits any person …

Binderup v. Atty. Gen. U.S. of America, No. 14-4550 (3rd Cir.) (836 F.3d 336) (September 1, 2016) (Judge Thomas L. Ambro)

Article • December 26, 2016 • from P&J December, 2016

Filed under: Punch And Jurists

Binderup v. Atty. Gen. U.S. of America, No. 14-4550 (3rd Cir.) (836 F.3d 336) (September 1, 2016) (Judge Thomas L. Ambro) by The Third Circuit broke new grounds in this case by becoming the first Circuit court to place significant limitations on the reach of one of the Government’s oldest …

Nichols v. U.S., No. 15-5238 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1113) (April 4, 2016) (Justice Alito)

Article • December 26, 2016 • from P&J April, 2016

Filed under: Punch And Jurists

Nichols v. U.S., No. 15-5238 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1113) (April 4, 2016) (Justice Alito) by This is a rare decision in which the Supreme Court unanimously ruled in favor of a convicted sex offender. However, the decision has been rendered virtually meaningless by new legislation …

Luna Torres v. Lynch, No. 14-1096 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1619) (May 16, 2016) (Justice Kagan)

Article • December 26, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Interstate Commerce Element

Luna Torres v. Lynch, No. 14-1096 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1619) (May 16, 2016) (Justice Kagan) by In this case, the Supreme Court made it vastly easier for the Government to deport persons who are not U.S. citizens if they are convicted of a felony crime …

Foster v. Chatman, No. 14-8349 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1737) (May 23, 2016) (Justice (John G.) Roberts)

Article • December 26, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Peremptory Challenges

Foster v. Chatman, No. 14-8349 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1737) (May 23, 2016) (Justice (John G.) Roberts) by In this decision, the Supreme Court held, by a 7-1 vote, that the conviction and death sentence twenty-nine years ago of a young black man, Timothy Tyrone Foster …

U.S. v. Browne, No. 14-1798 (3rd Cir.) (834 F.3d 403) (August 25, 2016) (Judge Cheryl Ann Krause)

Article • December 5, 2016 • from P&J December, 2016

Filed under: Punch And Jurists, Social Media

U.S. v. Browne, No. 14-1798 (3rd Cir.) (834 F.3d 403) (August 25, 2016) (Judge Cheryl Ann Krause) by Here the Court provided a comprehensive guide to the rules governing the admission of social media evidence in Federal criminal prosecutions; and rejected the contention that Facebook Chats are "self-authenticating" as business …

U.S. v. Brown, No. 13-1706-cr (2nd Cir.) (843 F.3d 74) (December 6, 2016) (Judge Christopher F. Droney)

Article • December 5, 2016 • from P&J December, 2016

Filed under: Punch And Jurists

U.S. v. Brown, No. 13-1706-cr (2nd Cir.) (843 F.3d 74) (December 6, 2016) (Judge Christopher F. Droney) by In the 07/11/16 issue of P&J, we noted that the Second Circuit’s child pornography sentencing decision in U.S. v. Brown, 826 F.3d 51 (2d Cir. June 14, 2016) (Brown I) was a …

U.S. v. Taylor, No. 16-1019 (7th Cir.) (833 F.3d 795) (August 15, 2016) (Judge Richard A. Posner)

Article • December 5, 2016 • from P&J December, 2016

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Taylor, No. 16-1019 (7th Cir.) (833 F.3d 795) (August 15, 2016) (Judge Richard A. Posner) by This is a rare sentencing case that proves that it’s never too late to seek appellate review of a sentence. Here, the defendant, Terry Taylor, was originally sentenced in 2005 to a …

U.S. v. Algahaim, No. 15-2024(L) (2nd Cir.) (842 F.3d 796) (December 1, 2016) (Judge Jon O. Newman)

Article • December 1, 2016 • from P&J December, 2016

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Algahaim, No. 15-2024(L) (2nd Cir.) (842 F.3d 796) (December 1, 2016) (Judge Jon O. Newman) by This is a curious sentencing decision in which the Court concluded that the Sentencing Commission’s method of calculating losses “may” have overstated the seriousness of the offenses in this fraud case which …

U.S. v. Pruitt, No. 14-1921-cr (2nd Cir.) (813 F.3d 90) (February 1, 2016) (Judge John Gleeson)

Article • December 1, 2016 • from P&J February, 2016

Filed under: Punch And Jurists, Form AO-245B

U.S. v. Pruitt, No. 14-1921-cr (2nd Cir.) (813 F.3d 90) (February 1, 2016) (Judge John Gleeson) by In this case, Kaylon Pruitt pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). After he was sentenced to 46 months in prison, he …

U.S. v. Navarro, No. 12-2606 (7th Cir.) (817 F.3d 494) (April 8, 2016) (Judge Sara L. Ellis)

Article • December 1, 2016

Filed under: Punch And Jurists

U.S. v. Navarro, No. 12-2606 (7th Cir.) (817 F.3d 494) (April 8, 2016) (Judge Sara L. Ellis) by HOLDINGS: [1]-At sentencing on guilty plea to conspiracy to possess with intent to distribute more than five kilograms of cocaine, the government breached the provision of the plea agreement in which it …

A.C.L.U. v. U.S. Dept. of Justice, No. 15-2956-cv(L) (2nd Cir.) ( F.3d ) (December 20, 2016) (Judge Jon O. Newman)

Article • December 1, 2016

Filed under: Punch And Jurists, Executive Authority

A.C.L.U. v. U.S. Dept. of Justice, No. 15-2956-cv(L) (2nd Cir.) ( F.3d ) (December 20, 2016) (Judge Jon O. Newman) by

U.S. v. Allen, No. 13-3333-cr (2nd Cir.) (813 F.3d 76) (January 29, 2016) (Judge Gerard E. Lynch)

Article • December 1, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Across-Threshold-Arrests

U.S. v. Allen, No. 13-3333-cr (2nd Cir.) (813 F.3d 76) (January 29, 2016) (Judge Gerard E. Lynch) by In this case, the Second Circuit vacated a conviction for being a felon in possession of a firearm, on the ground that the defendant's across-the-threshold warrantless arrest violated the Fourth Amendment since …

U.S. v. Ornelas, No. 14-50533 (9th Cir.) (828 F.3d 1018) (May 4, 2016) (Judge Timothy M. Tymkovich)

Article • November 21, 2016 • from P&J November, 2016

Filed under: Punch And Jurists, Waiver

U.S. v. Ornelas, No. 14-50533 (9th Cir.) (828 F.3d 1018) (May 4, 2016) (Judge Timothy M. Tymkovich) by Israel Ornelas was arrested in 2013 by federal law enforcement after DEA agents observed Ornelas's involvement in the purchase of methamphetamine. At the time, Ornelas and four co-defendants had already been indicted …

Fields v. City of Philadelphia, No. Civil No. 14-4424 (E.D.Pa.) (166 F.Supp.3d 528) (February 19, 2016) (Judge Mark A. Kearney)

Article • November 21, 2016 • from P&J November, 2016

Filed under: Punch And Jurists

Fields v. City of Philadelphia, No. Civil No. 14-4424 (E.D.Pa.) (166 F.Supp.3d 528) (February 19, 2016) (Judge Mark A. Kearney) by The narrow question before the Court in this case was whether citizens enjoy a First Amendment right to photograph police absent any criticism or challenge to police conduct. In …

Smith v. Hickenlooper, No. 15-cv-00462-WYD-NYW (D.Colo.) (164 F.Supp.3d 1286) (February 26, 2016) (Judge Wiley Daniel)

Article • November 21, 2016 • from P&J November, 2016

Filed under: Punch And Jurists, Federal/State Jurisdictional Issues

Smith v. Hickenlooper, No. 15-cv-00462-WYD-NYW (D.Colo.) (164 F.Supp.3d 1286) (February 26, 2016) (Judge Wiley Daniel) by Twenty-six states and the District of Columbia currently have laws legalizing marijuana in some form; and that number will soon grow to 29, after three more states recently passed measures permitting the use of …

U.S. v. Boatrite, No. Crim. No. 5:15CR57 (N.D.W.Va.) (165 F.Supp.3d 484) (February 22, 2016) (Judge Frederick P. Jr. Stamp)

Article • November 21, 2016 • from P&J November, 2016

Filed under: Punch And Jurists, SWAT Teams

U.S. v. Boatrite, No. Crim. No. 5:15CR57 (N.D.W.Va.) (165 F.Supp.3d 484) (February 22, 2016) (Judge Frederick P. Jr. Stamp) by This is an interesting decision that exposes some of the realities of the “voluntariness” of written consents to search that are given in today’s world of massive and intimidating SWAT …