Search | Punch and Jurists

U.S. v. Jones, No. 05-5467 (6th Cir.) (469 F.3d 563) (November 29, 2006) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Jones, No. 05-5467 (6th Cir.) (469 F.3d 563) (November 29, 2006) (Judge Gilbert S. Merritt) by Here, in a graphic example of the perils of winning an appeal, after his initial conviction and sentence of 210 months were vacated on appeal, the defendant was convicted on new charges …

Anderson v. Terhune, No. 04-17237 (9th Cir.) (467 F.3d 1208) (November 8, 2006) (Judge Michael R. Hogan)

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

Filed under: Punch And Jurists, Presumption of Correctness

Anderson v. Terhune, No. 04-17237 (9th Cir.) (467 F.3d 1208) (November 8, 2006) (Judge Michael R. Hogan) by In Miranda v. Arizona, 384 U.S. 436, 473-74 (1966), the Supreme Court held that if a suspect indicates in any manner during questioning that he wishes to remain silent, the interrogation must …

U.S. v. Kuchinski, No. 05-30607 (9th Cir.) (469 F.3d 853) (November 27, 2006) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists

U.S. v. Kuchinski, No. 05-30607 (9th Cir.) (469 F.3d 853) (November 27, 2006) (Judge Ferdinand F. Fernandez) by Anyone who uses the Internet knows (or should know) that simply by browsing the Internet a lot of nasty files can inadvertently become imbedded or stored on a computer’s hard drive without …

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (461 F.Supp.2d 201) (November 13, 2006) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, The Thompson Memorandum

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (461 F.Supp.2d 201) (November 13, 2006) (Judge Lewis A. Kaplan) by Once again, Judge Kaplan has postponed the trial of 16 former employees of the accounting firm KPMG in a massive criminal tax shelter fraud case. The defendants recently moved for …

Old Chief v. U.S., No. 95-6556 (U.S. Supreme Court) (519 U.S. 172; 117 S.Ct. 644) (January 7, 1997) (Justice Souter)

Article • September 6, 2006

Filed under: Punch And Jurists, Stipulations

Old Chief v. U.S., No. 95-6556 (U.S. Supreme Court) (519 U.S. 172; 117 S.Ct. 644) (January 7, 1997) (Justice Souter) by In this decision, the Supreme Court issued an important ruling which resolved (at least until the Justice Department seeks new legislation to overturn this result) a sharp disagreement among …

U.S. v. Campa, No. 01-17176 (11th Cir.) (459 F.3d 1121) (August 9, 2006) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Campa, No. 01-17176 (11th Cir.) (459 F.3d 1121) (August 9, 2006) (Judge Charles R. Wilson) by In this 120-page en banc decision, the majority reversed a prior decision which granted the defendants a new trial based on a "perfect storm" of pretrial publicity, holding that the trial court …

U.S. v. Malouf, No. 05-2245 (1st Cir.) (466 F.3d 21) (October 13, 2006) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Sentencing Factors vs. Essential Elements of Crime

U.S. v. Malouf, No. 05-2245 (1st Cir.) (466 F.3d 21) (October 13, 2006) (Judge Juan R. Torruella) by Here the Court held that the imposition of a mandatory minimum sentence based on a sentencing court’s determination of the quantity of drugs by a mere preponderance of the evidence did not …

Muslim Community Ass'n of Ann Arbor v. Ashcroft, No. 03-cv-72913-DT (E.D.Mich.) (459 F.Supp.2d 592) (September 29, 2006) (Judge Denise Page Hood)

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

Filed under: Punch And Jurists, USA Patriot Act

Muslim Community Ass'n of Ann Arbor v. Ashcroft, No. 03-cv-72913-DT (E.D.Mich.) (459 F.Supp.2d 592) (September 29, 2006) (Judge Denise Page Hood) by In 2003, the ACLU filed this lawsuit on behalf of the Muslim Community Association of Ann Arbor and five other non-profit groups, charging that Section 215 of the …

U.S. v. Ibanga, No. 2:04cr227 (E.D.Va.) (454 F.Supp.2d 532) (October 5, 2006) (Judge Walter D. Jr. Kelley)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Ibanga, No. 2:04cr227 (E.D.Va.) (454 F.Supp.2d 532) (October 5, 2006) (Judge Walter D. Jr. Kelley) by One of the most significant debates generated by the Supreme Court’s ruling in U.S. v. Booker, 543 U.S. 220 (2005) is whether or not that decision mandates any changes in the Guidelines’ …

U.S. v. U.S. District Court for the E.D.Cal., No. 06-72498 (9th Cir.) (464 F.3d 1065) (October 3, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Right to Bench Trial

U.S. v. U.S. District Court for the E.D.Cal., No. 06-72498 (9th Cir.) (464 F.3d 1065) (October 3, 2006) (Per Curiam) by The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” A defendant, however, can …

U.S. v. Hungerford, No. 05-30500 (9th Cir.) (465 F.3d 1113) (October 13, 2006) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Hungerford, No. 05-30500 (9th Cir.) (465 F.3d 1113) (October 13, 2006) (Judge Susan P. Graber) by Few cases can describe with greater clarity than this gem the absolute insanity that can result from the imposition of some mandatory minimum sentences. Marion Hungerford, a 52-year old, mentally-disturbed, mother of …

U.S. v. Bullion, No. 06-1523 (7th Cir.) (466 F.3d 574) (October 19, 2006) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Anders Brief

U.S. v. Bullion, No. 06-1523 (7th Cir.) (466 F.3d 574) (October 19, 2006) (Judge Richard A. Posner) by Once again the Seventh Circuit has routinely affirmed a substantially above-Guidelines sentence; and once again Judge Posner has used such excessively sweeping language to explain his ruling that his words evoked an …

U.S. v. Irizarry, No. 05-11718 (11th Cir.) (458 F.3d 1208) (August 1, 2006) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Irizarry, No. 05-11718 (11th Cir.) (458 F.3d 1208) (August 1, 2006) (Per Curiam) by Jumping into a growing circuit split, the Eleventh Circuit joined with the Third, Seventh and Eighth Circuits in holding that "the district court was not required to give Defendant advance notice [pursuant to Rule …

U.S. v. Brand, No. 05-4155-cr (2nd Cir.) (467 F.3d 179) (October 19, 2006) (Judge Richard C. Wesley)

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

Filed under: Punch And Jurists, Sexual Exploitation of Minors

U.S. v. Brand, No. 05-4155-cr (2nd Cir.) (467 F.3d 179) (October 19, 2006) (Judge Richard C. Wesley) by This decision presents an eye-opening view of the scope of the activities and the sophistication of the porn police in searching for child predators who lurk on the Internet. It also presents …

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (440 F.Supp.2d 315) (July 25, 2006) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (440 F.Supp.2d 315) (July 25, 2006) (Judge Lewis A. Kaplan) by Defendants, nine accountants charged with defrauding the Internal Revenue Service by tax shelter sales that allegedly generated false tax losses for their firm's clients, moved to preclude the government from …

U.S. v. Johnson, No. 05-10708 (9th Cir.) (459 F.3d 990) (August 29, 2006) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Johnson, No. 05-10708 (9th Cir.) (459 F.3d 990) (August 29, 2006) (Judge Diarmuid F. O'Scannlain) by In this case, the Court was asked to decide whether there exists an "innocent possession" defense that would excuse a defendant for being a felon in possession of a firearm if he …

U.S. v. Shaw, No. 05-6110 (6th Cir.) (464 F.3d 615) (September 26, 2006) (Judge Thomas A. Jr. Wiseman)

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

Filed under: Punch And Jurists, Testimony of Minor

U.S. v. Shaw, No. 05-6110 (6th Cir.) (464 F.3d 615) (September 26, 2006) (Judge Thomas A. Jr. Wiseman) by Here a divided panel from the Sixth Circuit held that a three year old boy’s claims of sexual abuse, as reported by his mother, were not sufficient to establish probable cause …

U.S. v. Anderson, No. CRIM. 05-0066 PLF (D.D.C.) (441 F.Supp.2d 15) (July 24, 2006) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Bill of Particulars

U.S. v. Anderson, No. CRIM. 05-0066 PLF (D.D.C.) (441 F.Supp.2d 15) (July 24, 2006) (Judge Paul L. Friedman) by Defendant filed a motion for a bill of particulars. While the government provided most of the requested clarification and specification informally in meetings with defense counsel after the motion was filed, …

U.S. v. Harris, No. 05-3808 (7th Cir.) (464 F.3d 733) (September 27, 2006) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Franks Hearing

U.S. v. Harris, No. 05-3808 (7th Cir.) (464 F.3d 733) (September 27, 2006) (Judge Ann Claire Williams) by Here the Court reversed a drug conviction and remanded for a Franks hearing after concluding that the district court had erred when it allowed the Government to bolster the magistrate's probable cause …

Chai v. Department of State, No. 03-1392 (D.C. Cir.) (466 F.3d 125) (October 17, 2006) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Constitutional Challenges/Claims

Chai v. Department of State, No. 03-1392 (D.C. Cir.) (466 F.3d 125) (October 17, 2006) (Judge Douglas Ginsburg) by Here the Court rejected a series of challenges by a group of Israeli organizations that had been designated as “Foreign Terrorist Organizations” by the Department of State, noting that the courts …