Search | Punch and Jurists

U.S. v. Santiago, No. 05-30584 (9th Cir.) (466 F.3d 801) (October 23, 2006) (Judge Ronald M. Gould)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Pre-Sentence Reports

U.S. v. Santiago, No. 05-30584 (9th Cir.) (466 F.3d 801) (October 23, 2006) (Judge Ronald M. Gould) by Because the defendant failed to object to the PSR’s calculation of the amount of drugs attributable to him, the Court held that the proper standard of review was the onerous plain error …

Islam v. Gonzales, No. 05-1390-ag (2nd Cir.) (469 F.3d 53) (November 9, 2006) (Judge Barrington D. Jr. Parker)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Denial of Due Process

Islam v. Gonzales, No. 05-1390-ag (2nd Cir.) (469 F.3d 53) (November 9, 2006) (Judge Barrington D. Jr. Parker) by Islam v. Gonzales, 469 F.3d 53 (2nd Cir. Nov. 9, 2006) (Judge Parker) Kim v. Gonzales, 458 F.3d 58 (1st Cir. Nov. 16, 2006) (Judge Boudin) It sometimes seems as America’s …

Armstrong v. Guccione, No. 04-5448-pr(L) (2nd Cir.) (470 F.3d 89) (November 27, 2006) (Judge John M. Jr. Walker)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists

Armstrong v. Guccione, No. 04-5448-pr(L) (2nd Cir.) (470 F.3d 89) (November 27, 2006) (Judge John M. Jr. Walker) by Martin Armstrong, a high profile international financier, was arrested on September 13, 1999, on a complaint charging him with securities fraud, mail fraud and related crimes. The case arose out of …

U.S. v. Flowers, No. 04-3206 (10th Cir.) (464 F.3d 1127) (March 22, 2006) (Judge Monroe G. McKay)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Flowers, No. 04-3206 (10th Cir.) (464 F.3d 1127) (March 22, 2006) (Judge Monroe G. McKay) by Defendant was convicted upon his guilty plea to conspiracy to manufacture or distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). The U.S. District Court for the District of Kansas sentenced defendant …

Ayers v. Belmontes, No. 05-493 (U.S. Supreme Court) (549 U.S. 7; 127 S.Ct. 469) (November 13, 2006) (Justice Kennedy)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Jury Instructions, Punch And Jurists

Ayers v. Belmontes, No. 05-493 (U.S. Supreme Court) (549 U.S. 7; 127 S.Ct. 469) (November 13, 2006) (Justice Kennedy) by For all practical purposes, this lengthy decision represents little more than a philosophical debate about capital punishment between the conservative and liberal factions on the Supreme Court. Certainly, it adds …

Kim v. Gonzales, No. 05-2462 (1st Cir.) (468 F.3d 58) (November 16, 2006) (Judge Michael Boudin)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Legislative Confusion

Kim v. Gonzales, No. 05-2462 (1st Cir.) (468 F.3d 58) (November 16, 2006) (Judge Michael Boudin) by Islam v. Gonzales, 469 F.3d 53 (2nd Cir. Nov. 9, 2006) (Judge Parker) Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (Judge Boudin) It sometimes seems as America’s immigration courts …

U.S. v. Frabizio, No. 05-2034 (1st Cir.) (459 F.3d 80) (August 16, 2006) (Judge Sandra L. Lynch)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Dost Factors

U.S. v. Frabizio, No. 05-2034 (1st Cir.) (459 F.3d 80) (August 16, 2006) (Judge Sandra L. Lynch) by U.S. v. Frabizio, 445 F.Supp.2d 152 (D.Mass. Aug. 11, 2006) (Judge Gertner) (“Frabizio I”) U.S. v. Frabizio, 459 F.3d 80 (1st Cir. Aug. 16, 2006) (Judge Lynch) (“Frabizio II”) Both of these …

U.S. v. Fanfan, No. 05-1826 (1st Cir.) (468 F.3d 7) (November 8, 2006) (Judge Michael Boudin)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists

U.S. v. Fanfan, No. 05-1826 (1st Cir.) (468 F.3d 7) (November 8, 2006) (Judge Michael Boudin) by It is surely poetic justice that one of the lead defendants in the birth of the Booker revolution is now the lead defendant in a decision that seems to cement the virtual demise …

U.S. v. Cunningham, No. 05-1515 (7th Cir.) (462 F.3d 708) (August 29, 2006) (Judge Michael S. Kanne)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Cunningham, No. 05-1515 (7th Cir.) (462 F.3d 708) (August 29, 2006) (Judge Michael S. Kanne) by After a jury trial, the three defendants in this case were convicted of various drug charges; and they were sentenced, respectively, to life imprisonment, 420 months and 300 months in prison. On …

U.S. v. Mendez, No. 05-10205 (9th Cir.) (467 F.3d 1162) (October 30, 2006) (Judge Stephen Reinhardt)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Probable Cause

U.S. v. Mendez, No. 05-10205 (9th Cir.) (467 F.3d 1162) (October 30, 2006) (Judge Stephen Reinhardt) by Here the Court flatly held that “the fact of gang membership is not sufficient to generate a particularized, reasonable suspicion of criminal activity” sufficient to justify extending the scope of a lawful traffic …

Sample v. Bureau of Prisons, No. 05-5038 (D.C. Cir.) (466 F.3d 1086) (November 3, 2006) (Judge David B. Sentelle)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Access to Computers

Sample v. Bureau of Prisons, No. 05-5038 (D.C. Cir.) (466 F.3d 1086) (November 3, 2006) (Judge David B. Sentelle) by In this case, the petitioner made a Freedom of Information Act request for a large number of BOP documents in electronic format; but the BOP provided them as paper copies …

McIntyre v. U.S., No. 01-CV-10408-RCL (D.Mass.) (447 F.Supp.2d 54) (September 5, 2006) (Judge Reginald C. Lindsay)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Wrongful Death Action

McIntyre v. U.S., No. 01-CV-10408-RCL (D.Mass.) (447 F.Supp.2d 54) (September 5, 2006) (Judge Reginald C. Lindsay) by Following an 18-day bench trial, District Judge Reginald Lindsay issued this stinging, 110-page rebuke of the FBI's mishandling of longtime informants James “Whitey” Bulger and Stephen “The Rifleman" Flemmi for their role in …

U.S. v. Brown, No. 04-3159 (D.C. Cir.) (463 F.3d 1) (September 5, 2006) (Per Curiam)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists

U.S. v. Brown, No. 04-3159 (D.C. Cir.) (463 F.3d 1) (September 5, 2006) (Per Curiam) by

U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (445 F.Supp.2d 152) (August 11, 2006) (Judge Nancy Gertner)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists

U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (445 F.Supp.2d 152) (August 11, 2006) (Judge Nancy Gertner) by Here Judge Gertner granted a defense motion to exclude expert testimony on whether various pornographic depictions at issue were images of real children or virtual depictions, on the grounds the proposed testimony …

Humanitarian Law Project v. U.S. Dept. of Treasury, No. CV 05-8047 ABC (C.D.Cal.) (463 F.Supp.2d 1049) (November 21, 2006) (Judge Audrey B. Collins)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Material Support Ban

Humanitarian Law Project v. U.S. Dept. of Treasury, No. CV 05-8047 ABC (C.D.Cal.) (463 F.Supp.2d 1049) (November 21, 2006) (Judge Audrey B. Collins) by This case is the latest of a series of lawsuits brought by the Humanitarian Law Project (“HLP”), a human rights organization, challenging some of the broad …

U.S. v. Revolorio-Ramo, No. 03-14361 (11th Cir.) (468 F.3d 771) (October 26, 2006) (Judge Callie V.S. Granade)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Revolorio-Ramo, No. 03-14361 (11th Cir.) (468 F.3d 771) (October 26, 2006) (Judge Callie V.S. Granade) by This is an interesting due process decision from the Eleventh Circuit. The five Guatemalan defendants were arrested after the U.S. Navy seized their fishing vessel in international waters, some 200 miles south …

U.S. v. Francis, No. 05-3703 (8th Cir.) (462 F.3d 810) (September 8, 2006) (Judge Lavenski R. Smith)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists

U.S. v. Francis, No. 05-3703 (8th Cir.) (462 F.3d 810) (September 8, 2006) (Judge Lavenski R. Smith) by The 65-year-old defendant in this case, John Francis, is a lifelong firearms enthusiast who, according to the Court, is a “world-renowned firearms expert.” In 1984, as a licensed firearms dealer, he sold …

U.S. v. Flanders, No. 05-10785 (5th Cir.) (468 F.3d 269) (October 20, 2006) (Judge Jerry E. Smith)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Good Faith

U.S. v. Flanders, No. 05-10785 (5th Cir.) (468 F.3d 269) (October 20, 2006) (Judge Jerry E. Smith) by Courts are supposed to be in the business of enforcing the Constitution. But this panel of the Fifth Circuit apparently missed this part of its job description. Defendant Michael Flanders appeals the …

Chan v. Gantner, No. 05-4573-cv (2nd Cir.) (464 F.3d 289) (September 20, 2006) (Per Curiam)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Chan v. Gantner, No. 05-4573-cv (2nd Cir.) (464 F.3d 289) (September 20, 2006) (Per Curiam) by Summary judgment for defendants, and denial of plaintiff's application for naturalization based on a 1993 conviction to smuggle aliens, are affirmed as: 1) the amendments to the Immigration and Nationality Act that expanded the …

Zhong v. U.S. Dept. of Justice, No. 02-4882 (2nd Cir.) (461 F.3d 101) (August 8, 2006) (Judge Guido Calabresi)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Convention Against Torture

Zhong v. U.S. Dept. of Justice, No. 02-4882 (2nd Cir.) (461 F.3d 101) (August 8, 2006) (Judge Guido Calabresi) by Petitioner alien, a citizen of China, petitioned for review of a final decision of the Board of Immigration Appeals (BIA) summarily affirming an Immigration Judge's (IJ) denial of petitioner's application …