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Article • November 21, 2016 • from P&J November, 2016
U.S. v. Holley, No. 15-40360 (5th Cir.) (831 F.3d 322) (July 27, 2016) (Judge Patrick E. Higginbotham) by In 2014, a Texas jury convicted James Holley of three crimes: conspiracy to commit a drug trafficking crime, being a felon in possession of a firearm, and possession of a firearm in …
Article • November 21, 2016 • from P&J November, 2016
Filed under: Punch And Jurists
U.S. v. Smith, No. 14-CR-00115 (E.D.N.Y.) (155 F.Supp.3d 260) (January 11, 2016) (Judge Jack B. Weinstein) by This is another in a long list of sentencing gems from Judge Weinstein. Here, Judge Weinstein imposed a sentence of “time served” on a mother of three children who pled guilty to “the …
Article • October 31, 2016 • from P&J October, 2016
U.S. v. Nwoye, No. 14-3060 (D.C. Cir.) (824 F.3d 1129) (June 10, 2016) (Judge Brett M. Kavanaugh) by
Article • October 31, 2016 • from P&J October, 2016
Filed under: Punch And Jurists
U.S. v. Alvarez-Nunez, No. 15-2127 (1st Cir.) (828 F.3d 52) (July 8, 2016) (Judge Bruce M. Selya) by
Article • October 31, 2016 • from P&J October, 2016
Al Shimari v. CACI Premier Technology, Inc., No. 15-1831 (4th Cir.) ( F.3d ) (October 21, 2016) (Judge Barbara Milano Keenan) by CASE SUMMARY OVERVIEW: HOLDINGS: [1]-Where Iraqi nationals alleged under the Alien Tort Statute, 28 U.S.C.S. § 1350, that they were abused by a government contractor while in the …
Article • October 31, 2016 • from P&J October, 2016
Hollihan v. Pennsylvania Dept. of Corrections, No. Civil No. 3:15-CV-5 (M.D.Pa.) (159 F.Supp.3d 502) (January 20, 2016) (Judge Christopher C. Conner) by
Article • October 31, 2016 • from P&J October, 2016
Smith v. Baltimore City Police Dept., No. 15-1604 (4th Cir.) ( F.3d ) (October 27, 2016) (Judge Stephanie Dawn Thacker) by CASE SUMMARY OVERVIEW: HOLDINGS: [1]-In an arrestee's excessive force suit under 42 U.S.C.S. § 1983 and the Fourth Amendment, where the district court allowed defense counsel to elicit testimony …
Article • October 17, 2016 • from P&J October, 2016
U.S. v. Murillo, No. 15-4235 (4th Cir.) (826 F.3d 152) (June 14, 2016) (Judge Robert Bruce King) by This is an interesting decision about the extra-territorial reach of American laws in general; and, more specifically, about the constitutionality of several Federal statutes that give special rights to various people who, …
Article • October 17, 2016 • from P&J October, 2016
U.S. v. Clinton, No. 15-1346 (7th Cir.) (825 F.3d 809) (June 16, 2016) (Judge Ilana Diamond Rovner) by Here the Court vacated a sentence on the grounds that the district court’s factual findings were insufficient to support the four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for the use or possession …
Article • October 17, 2016 • from P&J October, 2016
U.S. v. Scarpa, No. 94-CR-1119 (ERK) (E.D.N.Y.) (155 F.Supp.3d 234) (January 4, 2016) (Judge Edward R. Korman) by In 1988, Gregory V. Scarpa, Jr., was charged with a RICO conspiracy in violation of 18 U.S.C. § 1962(d) and related substantive offenses for operating a drug trafficking enterprise as part of …
Article • October 17, 2016 • from P&J October, 2016
U.S. v. Bagcho, No. Crim. No. 06-00334 (ESH) (D.D.C.) (151 F.Supp.3d 60) (December 17, 2015) (Judge Ellen Segal Huvelle) by Here the Court threw out the defendant’s conviction for narco-terrorism after concluding that the Government had committed a Brady violation by failing to disclose before trial that one of its …
Article • October 17, 2016 • from P&J October, 2016
U.S. v. Kpodi, No. 14-3037 (D.C. Cir.) (824 F.3d 122) (May 31, 2016) (Judge Karen LeCraft Henderson) by Section 3661 of Title 18 of the U.S. Code states: “No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which …
Article • September 19, 2016 • from P&J September, 2016
U.S. v. Djibo, No. 15 CR 88 (SJ)(RER) (E.D.N.Y.) (151 F.3d 297) (December 16, 2015) (Judge Sterling Jr. Johnson) by This is an interesting decision in which District Judge Sterling Johnson granted the defendant’s motion to suppress all evidence seized from his smartphone which was taken from him while he …
Article • September 19, 2016 • from P&J September, 2016
U.S. v. Mutschler, No. CR14-328 TSZ (W.D.Wash.) (152 F.Supp.3d 1332) (January 7, 2016) (Judge Thomas S. Zilly) by This decision presents a bold and novel method of attacking appellate waiver provisions - the key ingredient demanded by the Government as the price of every plea agreement entered in Federal criminal …
Article • September 19, 2016 • from P&J September, 2016
U.S. v. Bronstein, No. 15-cr-00048 (CRC) (D.D.C.) (151 F.Supp.3d 31) (December 22, 2015) (Judge Christopher R. Cooper) by Defendants David Bronstein, Matthew Kresling, Yasmina Mrabet, Belinda Rodriguez, and Richard Saffle arrived at the U.S. Supreme Court on the morning of April 1, 2015 to attend an oral-argument session. They passed …
Article • September 19, 2016 • from P&J September, 2016
Sophin v. U.S., No. EP-15-CR-418-KC (W.D.Tex.) (153 F.Supp.3d 956) (December 22, 2015) (Judge Kathleen Cardone) by This is a rare common-sense decision in which District Judge Kathleen Cardone rejected a U.S. Border agent’s exaggerated and hysterical claims of forcible interference with his duties, in violation of 18 U.S.C. § 111(a)(1); …
Article • September 19, 2016 • from P&J September, 2016
Merrill v. Lunch, No. 14-cv-9763 (VM) (S.D.N.Y.) (151 F.Supp.3d 342) (August 28, 2015) (Judge Victor Marrero) by This is a milestone decision involving a key component of the USA Freedom Act that authorizes the use of National Security Letters (NSLs) - a type of sweeping administrative subpoena that various Government …
Article • September 5, 2016 • from P&J September, 2016
Does v. Snyder, No. 15-1536 (6th Cir.) (834 F.3d 696) (August 25, 2017) (Judge Alice M. Batchelder) by The opening paragraph of Judge Batchelder’s decision in this case fully explains the issue before the Court: “Like many states, Michigan has amended its Sex Offender Registration Act (SORA) on a number …
Article • September 5, 2016 • from P&J September, 2016
D.E. v. Doe, No. 15-2128 (6th Cir.) (834 F.3d 723) (August 25, 2016) (Judge John M. Rogers) by In June 2012, nineteen-year-old D.E. took a wrong turn on his way to summer camp. Instead of arriving at the camp in Michigan, he inadvertently ended up at the international border with …
Article • September 5, 2016 • from P&J September, 2016
Arias v. Lynch, No. 14-2839 (7th Cir.) ( F.3d ) (August 24, 2016) (Judge Clyde H. Hamilton) by This is an immigration case - a type of case we don’t normally cover; but this one deserves special notice because of its lengthy discussion of the history and development of the …
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