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U.S. v. Staffeldt, No. 05-10243 (9th Cir.) (451 F.3d 578) (June 26, 2006) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. Staffeldt, No. 05-10243 (9th Cir.) (451 F.3d 578) (June 26, 2006) (Judge Stephen Reinhardt) by This domestic wiretap case, which has absolutely nothing to do with any alleged terrorists, is noted for the sheer audacity of the Government’s argument that, notwithstanding a “flagrant and obvious” failure to comply …

U.S. v. Gonzalez-Lopez, No. 05-352 (U.S. Supreme Court) (548 U.S. 140; 126 S.Ct. 2557) (June 26, 2006) (Justice Scalia)

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

Filed under: Punch And Jurists, Counsel of Choice

U.S. v. Gonzalez-Lopez, No. 05-352 (U.S. Supreme Court) (548 U.S. 140; 126 S.Ct. 2557) (June 26, 2006) (Justice Scalia) by In a rare departure from form, Justice Scalia joined with the more liberal Justices on the Supreme Court to provide the swing vote in this 5 to 4 decision that …

U.S. v. Maxwell, No. 03-13226 (11th Cir.) (446 F.3d 1210) (April 20, 2006) (Judge Gerald B. Tjoflat)

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

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

U.S. v. Maxwell, No. 03-13226 (11th Cir.) (446 F.3d 1210) (April 20, 2006) (Judge Gerald B. Tjoflat) by

Kansas v. Marsh, No. 04-1170 (U.S. Supreme Court) (548 U.S. 163; 126 S.Ct. 2516) (June 26, 2006) (Justice Thomas)

Article • June 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Weight of the Evidence

Kansas v. Marsh, No. 04-1170 (U.S. Supreme Court) (548 U.S. 163; 126 S.Ct. 2516) (June 26, 2006) (Justice Thomas) by This death penalty case exemplifies the huge philosophical divide on the Supreme Court over capital punishment. Here, a 5-to-4 majority (consisting of Justices Thomas, Roberts, Scalia, Kennedy and Alito) held …

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (435 F.Supp.2d 330) (June 26, 2006) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, The Thompson Memorandum

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (435 F.Supp.2d 330) (June 26, 2006) (Judge Lewis A. Kaplan) by This is an important decision in which Judge Kaplan held that the Government had violated the Fifth and Sixth Amendment rights of a number of former KPMG partners and one …

U.S. v. Estupinan, No. 05-16279 (11th Cir.) (453 F.3d 1336) (June 28, 2006) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Estupinan, No. 05-16279 (11th Cir.) (453 F.3d 1336) (June 28, 2006) (Per Curiam) by On May 30, 2005, the U.S. Coast Guard (USCG) spotted a "go-fast" boat alongside a fishing vessel in international waters off the coast of Ecuador. After a brief chase, the USCG stopped and boarded …

Singletary v. Reilly, No. 04-7013 (D.C. Cir.) (452 F.3d 868) (July 7, 2006) (Judge Janice Rogers Brown)

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

Filed under: Punch And Jurists, Hearsay Evidence

Singletary v. Reilly, No. 04-7013 (D.C. Cir.) (452 F.3d 868) (July 7, 2006) (Judge Janice Rogers Brown) by In this decision, her first major criminal decision since her appointment to the D.C. Circuit last summer, Judge Janice Rogers Brown has probably surprised a lot of people. Her contentious, controversial and …

Doe v. Pataki, No. 96 Civ. 1657(DC) (S.D.N.Y.) (427 F.Supp.2d 398) (April 12, 2006) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Megan's Laws

Doe v. Pataki, No. 96 Civ. 1657(DC) (S.D.N.Y.) (427 F.Supp.2d 398) (April 12, 2006) (Judge Denny Chin) by Plaintiffs, a class of convicted sex offenders, sued defendants, the governor of New York, and other state officials, challenging New York's Sex Offender Registration Act (SORA). Seventeen months after the parties entered …

U.S. v. Crisp, No. 05-12304 (11th Cir.) (454 F.3d 1285) (July 7, 2006) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Departures/Variances

U.S. v. Crisp, No. 05-12304 (11th Cir.) (454 F.3d 1285) (July 7, 2006) (Judge Edward E. Carnes) by U.S. v. Martin, 455 F.3d 1227 (11th Cir. July 11, 2006) (Judge Hull) U.S. v. Crisp, 454 F.3d 1285 (11th Cir. July 7, 2006) (Judge Carnes) In these two decisions, the Eleventh …

U.S. v. Reeks, No. CR-04-82-B-W (D.Me.) (441 F.Supp.2d 123) (July 7, 2006) (Judge John A. Jr. Woodcock)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Reeks, No. CR-04-82-B-W (D.Me.) (441 F.Supp.2d 123) (July 7, 2006) (Judge John A. Jr. Woodcock) by The rules regarding the timing and nature of sentences imposed on defendants who face sentencing in both federal and state courts have always been somewhat confusing - in part because of often …

U.S. v. Menyweather, No. 03-50496 (9th Cir.) (447 F.3d 625) (May 9, 2006) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists

U.S. v. Menyweather, No. 03-50496 (9th Cir.) (447 F.3d 625) (May 9, 2006) (Judge Susan P. Graber) by

U.S. v. MacEwan, No. 05-1421 (3rd Cir.) (445 F.3d 237) (April 5, 2006) (Judge Ruggero J. Aldisert)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. MacEwan, No. 05-1421 (3rd Cir.) (445 F.3d 237) (April 5, 2006) (Judge Ruggero J. Aldisert) by James MacEwan is a 71-year-old repeat offender of the federal laws prohibiting the distribution and receipt of child pornography. As a condition of his probation in a previous case, he was required …

U.S. v. Vampire Nation (a/k/a Frederic H. Banks), No. 05-1715 (3rd Cir.) (451 F.3d 189) (June 20, 2006) (Judge Franklin S. Van Antwerpen)

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

Filed under: Punch And Jurists

U.S. v. Vampire Nation (a/k/a Frederic H. Banks), No. 05-1715 (3rd Cir.) (451 F.3d 189) (June 20, 2006) (Judge Franklin S. Van Antwerpen) by Joining with the First, Seventh, Eighth and Eleventh Circuits (and disagreeing with decisions from the Fourth, Seventh and Ninth Circuits), the Third Circuit held that sentencing …

U.S. v. Vonner, No. 05-5295 (6th Cir.) (452 F.3d 560) (June 29, 2006) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Adequacy

U.S. v. Vonner, No. 05-5295 (6th Cir.) (452 F.3d 560) (June 29, 2006) (Judge Boyce F. Jr. Martin) by Here a divided panel held that a within-guideline sentence was unreasonable due to a "lack of adequate explanation.".

Baranski v. Fifteen Unknown Agents of the ATF, No. 03-5582 (6th Cir.) (452 F.3d 433) (July 3, 2006) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists, Particularity Requirement

Baranski v. Fifteen Unknown Agents of the ATF, No. 03-5582 (6th Cir.) (452 F.3d 433) (July 3, 2006) (Judge Jeffrey S. Sutton) by The Fourth Amendment provides in part that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be …

U.S. v. Martin, No. 05-16645 (11th Cir.) (455 F.3d 1227) (July 11, 2006) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Departures/Variances

U.S. v. Martin, No. 05-16645 (11th Cir.) (455 F.3d 1227) (July 11, 2006) (Judge Frank May Hull) by U.S. v. Martin, 455 F.3d 1227 (11th Cir. July 11, 2006) (Judge Hull) U.S. v. Crisp, 454 F.3d 1285 (11th Cir. July 7, 2006) (Judge Carnes) In these two decisions, the Eleventh …

Kenna v. U.S. Dist. Court for the C.D.Cal., No. 06-73352 (9th Cir.) (453 F.3d 1136) (July 5, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Rights of Access to Presentence Report

Kenna v. U.S. Dist. Court for the C.D.Cal., No. 06-73352 (9th Cir.) (453 F.3d 1136) (July 5, 2006) (Per Curiam) by In its first go-around in this case (Kenna v. U.S. District Court, 435 F.3d 1011 (9th Cir. Jan. 20, 2006) (P&J, 01/02/06)), the Ninth Circuit boldly trumpeted the broad …

U.S. v. Lyons, No. 04-50082 (9th Cir.) (453 F.3d 1222) (July 17, 2006) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Telemarketing Fraud

U.S. v. Lyons, No. 04-50082 (9th Cir.) (453 F.3d 1222) (July 17, 2006) (Judge M. Margaret McKeown) by This consolidated appeal is an interesting telemarketing fraud case that explores the Supreme Court’s recent default rule that, in a criminal prosecutions for fraud involving telemarketing, the "bare failure to disclose [the …

U.S. v. Spilmon, No. 05-3750 (7th Cir.) (454 F.3d 657) (July 19, 2006) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Wired/Linked/Packaged Pleas

U.S. v. Spilmon, No. 05-3750 (7th Cir.) (454 F.3d 657) (July 19, 2006) (Judge Richard A. Posner) by This appeal addressed the propriety of "package" plea deals, in which a defendant pleads guilty in exchange for the prosecutor’s agreement to drop charges against a spouse or family member. Here, the …

U.S. v. Coleman, No. 05-1348 (3rd Cir.) (451 F.3d 154) (June 15, 2006) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Coleman, No. 05-1348 (3rd Cir.) (451 F.3d 154) (June 15, 2006) (Judge Thomas L. Ambro) by In this case, the Third Circuit undercut much of the legal arguments set forth in Judge Panner's outspoken and highly critical decision in U.S. v. Detwiler, 338 F. Supp. 2d 1166 (D. …