Search | Punch and Jurists

U.S. v. Chenowith, No. 05-20636 (5th Cir.) (459 F.3d 635) (August 8, 2006) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Certificate of Relief from Civil Disabilities

U.S. v. Chenowith, No. 05-20636 (5th Cir.) (459 F.3d 635) (August 8, 2006) (Judge Rhesa Hawkins Barksdale) by Defendant's conviction and sentence for being a felon in possession of a firearm is vacated pursuant to a claim that the district court erred in denying his motion to dismiss his indictment …

Martinez-Aguero v. Gonzalez, No. 05-50472 (5th Cir.) (459 F.3d 618) (August 4, 2006) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Martinez-Aguero v. Gonzalez, No. 05-50472 (5th Cir.) (459 F.3d 618) (August 4, 2006) (Judge Jerry E. Smith) by Here the Court held that noncitizens have a constitutional right to be free from false imprisonment and the use of excessive force by law enforcement personnel. Martinez Aguero, 49, of Ciudad Juarez, …

U.S. v. Lence, No. 05-30236 (9th Cir.) (455 F.3d 1047) (July 27, 2006) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Different Judge

U.S. v. Lence, No. 05-30236 (9th Cir.) (455 F.3d 1047) (July 27, 2006) (Judge Diarmuid F. O'Scannlain) by After attorney and CPA John Lence was convicted for his role in a bank fraud, Montana’s Chief Judge Molloy sentenced him to 24 months. The government appealed the sentence, and the Ninth …

U.S. v. Davis, No. 05-3784 (6th Cir.) (458 F.3d 491) (August 14, 2006) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Davis, No. 05-3784 (6th Cir.) (458 F.3d 491) (August 14, 2006) (Judge Jeffrey S. Sutton) by The defendant in this case was indicted in 1999 and convicted in 2002 of two counts of bank fraud arising out of a false financial statement that he had submitted to a …

A.C.L.U. v. National Security Agency, No. 06-CV-10204 (E.D.Mich.) (438 F.Supp.2d 754) (August 17, 2006) (Judge Anna Diggs Taylor)

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

Filed under: Punch And Jurists, NSA Domestic Spying Program

A.C.L.U. v. National Security Agency, No. 06-CV-10204 (E.D.Mich.) (438 F.Supp.2d 754) (August 17, 2006) (Judge Anna Diggs Taylor) by In the first judicial assessment of the secret National Security Agency’s super-secret domestic program to wiretap the international communications of some Americans without a warrant or other judicial approval, 73-year old …

U.S. v. Rodriguez-Felix, No. 05-2142 (10th Cir.) (450 F.3d 1117) (June 2, 2006) (Judge Timothy M. Tymkovich)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Rodriguez-Felix, No. 05-2142 (10th Cir.) (450 F.3d 1117) (June 2, 2006) (Judge Timothy M. Tymkovich) by U.S. v. Rodriguez-Felix, 450 F.3d 1117 (10th Cir. June 2, 2006) (Judge Tymkovich) U.S. v. Brownlee, 454 F.3d 131 (3rd Cir. July 18, 2006) (Judge Ambro) Both of these cases add a …

Boxer X v. Harris, No. 04-13083 (11th Cir.) (459 F.3d 1114) (August 9, 2006) (Per Curiam)

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

Filed under: Punch And Jurists

Boxer X v. Harris, No. 04-13083 (11th Cir.) (459 F.3d 1114) (August 9, 2006) (Per Curiam) by In this case, a Georgia prison inmate alleged that Angela Harris, a prison guard, forced him to masturbate in front of her. When he refused, she would refuse to serve him food and …

Qassim v. Bush, No. 05-5477 (D.C. Cir.) (466 F.3d 1073) (August 14, 2006) (Per Curiam)

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

Filed under: Mootness, Punch And Jurists

Qassim v. Bush, No. 05-5477 (D.C. Cir.) (466 F.3d 1073) (August 14, 2006) (Per Curiam) by Back in 2001, in an effort to show the American people that its Government was being aggressive in the newly-announced War on terrorism, the Government began offering bounties of $5,000 or more for detainees …

U.S. v. Weber, No. 05-50191 (9th Cir.) (451 F.3d 552) (June 20, 2006) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists, Penile Plethysmograph Testing

U.S. v. Weber, No. 05-50191 (9th Cir.) (451 F.3d 552) (June 20, 2006) (Judge Marsha L. Berzon) by In this case, the Court established certain standards and procedures that must be followed by district courts before they impose a requirement on sex-offernder defendants that they submit to penile plethysmograph testing. …

Taylor v. Lewis, No. 04-17517 (9th Cir.) (460 F.3d 1093) (August 15, 2006) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Three Strikes Law

Taylor v. Lewis, No. 04-17517 (9th Cir.) (460 F.3d 1093) (August 15, 2006) (Judge Diarmuid F. O'Scannlain) by Here the Ninth Circuit rejected a California inmate's 8th Amendment challenge to his 25-to-life three strikes sentence, which was imposed for possession of .036 grams of cocaine. The petitioner's prior strikes included …

U.S. v. Ferguson, No. 05-3998 (6th Cir.) (456 F.3d 660) (August 9, 2006) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists

U.S. v. Ferguson, No. 05-3998 (6th Cir.) (456 F.3d 660) (August 9, 2006) (Judge Ronald Lee Gilman) by In his dissent in U.S. v. Davis, No. 05-3784 (6th Cir. Aug. 14, 2006) (above), Judge Keith aptly noted that: “The current trend across the circuits is to afford less deference to …

U.S. v. Davis, No. 05-6259 (6th Cir.) (458 F.3d 505) (August 15, 2006) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Presumption of Reasonableness

U.S. v. Davis, No. 05-6259 (6th Cir.) (458 F.3d 505) (August 15, 2006) (Judge Karen Nelson Moore) by U.S. v. [Lonnie] Davis, 458 F.3d 505 (6th Cir. Aug. 15, 2006) (Judge Moore) U.S. v. Cage, 458 F.3d 537 (6th Cir. Aug. 15, 2006) (Judge Batchelder) Both of these cases dealt …

U.S. v. Kim, No. 05-50112 (9th Cir.) (449 F.3d 933) (May 25, 2006) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists, Safe Harbor

U.S. v. Kim, No. 05-50112 (9th Cir.) (449 F.3d 933) (May 25, 2006) (Judge Marsha L. Berzon) by Defendant appealed a decision of the United States District Court for the Central District of California, which convicted him of violating 21 U.S.C. § 841(c)(2), which prohibited the distribution of listed chemicals, …

U.S. v. Hill, No. 05-50219 (9th Cir.) (459 F.3d 966) (August 11, 2006) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet

U.S. v. Hill, No. 05-50219 (9th Cir.) (459 F.3d 966) (August 11, 2006) (Judge Raymond C. Fisher) by Prof. Orin S. Kerr alerted us to this child-pornography/computer-search ruling which, he stated, has “created a new constitutional rule for the execution of computer searches. In a recent posting on his Blog …

Jones v. Brown, No. 03-3823 (3rd Cir.) (461 F.3d 353) (August 24, 2006) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists

Jones v. Brown, No. 03-3823 (3rd Cir.) (461 F.3d 353) (August 24, 2006) (Judge Walter K. Stapleton) by Here the Third Circuit held that inchoate concerns by prison officials about the risk of biological contamination in mail addressed to inmates was not sufficient to overcome the inmates’ constitutional right to …

U.S. v. Kandirakis, No. Cr. 04-10372-WGY (D.Mass.) (441 F.Supp.2d 282) (August 1, 2006) (Judge William G. Young)

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

Filed under: Punch And Jurists

U.S. v. Kandirakis, No. Cr. 04-10372-WGY (D.Mass.) (441 F.Supp.2d 282) (August 1, 2006) (Judge William G. Young) by This 141-page decision by Judge Young is probably the most significant sentencing decision since U.S. v. Booker, and it represents an excellent summary of the current state of Federal sentencing and an …

U.S. v. Hunt, No. 05-11671 (11th Cir.) (459 F.3d 1180) (August 10, 2006) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Hunt, No. 05-11671 (11th Cir.) (459 F.3d 1180) (August 10, 2006) (Judge Gerald B. Tjoflat) by Jermaine Hunt was arrested and charged with possession and intent to distribute 22 grams of crack cocaine. He subsequently pled guilty to the facts contained in his indictment, without any plea agreement. …

U.S. v. Cull, No. 05-CR-329 (E.D.Wisc.) (446 F.Supp.2d 961) (August 30, 2006) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Standard[s] of Review

U.S. v. Cull, No. 05-CR-329 (E.D.Wisc.) (446 F.Supp.2d 961) (August 30, 2006) (Judge Lynn S. Adelman) by In this sentencing memorandum, Judge Adelman issued a candid and perceptive analysis of some of the games being played by the appellate courts as they impose sharp limitations on judicial discretion in the …

Dickson v. Quarterman, No. 05-70032 (5th Cir.) (462 F.3d 470) (August 24, 2006) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

Dickson v. Quarterman, No. 05-70032 (5th Cir.) (462 F.3d 470) (August 24, 2006) (Judge Emilio M. Garza) by Here the Court first rejected a habeas petition based on a Brady violation (that the trial court said was sufficiently serious to warrant a new trial) - and then gave a long …

U.S. v. Smith, No. 03-13639 (11th Cir.) (459 F.3d 1276) (August 11, 2006) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Smith, No. 03-13639 (11th Cir.) (459 F.3d 1276) (August 11, 2006) (Judge Gerald B. Tjoflat) by Previously, in U.S. v. Smith, 402 F.3d 1303 (11th Cir. Mar. 18, 2005) (“Smith I”) (P&J, 03/14/05), the Eleventh Circuit held that the defendant’s purely intrastate, non-commercial production and possession of child …