Search | Punch and Jurists

U.S. v. Walker, No. 05-1812 (7th Cir.) (447 F.3d 999) (May 17, 2006) (Judge Diane S. Sykes)

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

Filed under: Punch And Jurists

U.S. v. Walker, No. 05-1812 (7th Cir.) (447 F.3d 999) (May 17, 2006) (Judge Diane S. Sykes) by The defendant in this case, Thomas Walker, received a sentence that was 30 months higher than the applicable Guidelines range, but without any advance notice of the upward departure under Fed.R.Crim.P 32. …

Hayden v. Pataki, No. 04-3886-pr (2nd Cir.) (449 F.3d 305) (May 4, 2006) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Felon Disenfranchisement Statute

Hayden v. Pataki, No. 04-3886-pr (2nd Cir.) (449 F.3d 305) (May 4, 2006) (Judge Jose A. Cabranes) by The Second Circuit granted en banc review in this case in order to decide whether the plaintiffs can state a claim for violation of Section 2 of the Federal Voting Rights Act …

U.S. v. Diaz-Argueta, No. 05-10224 (9th Cir.) (447 F.3d 1167) (May 16, 2006) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Section 3553(a) Factors

U.S. v. Diaz-Argueta, No. 05-10224 (9th Cir.) (447 F.3d 1167) (May 16, 2006) (Judge John T. Jr. Noonan) by In this decision, the Ninth Circuit emphasized the significance of the statutory factors set forth in 18 U.S.C. § 3553(a) in the post-Booker sentencing process. The defendant appealed from a 46-month …

In Re: Sealed Case, No. 04-3015 (D.C. Cir.) (449 F.3d 118) (May 23, 2006) (Judge Thomas Beall Griffith)

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

Filed under: Punch And Jurists

In Re: Sealed Case, No. 04-3015 (D.C. Cir.) (449 F.3d 118) (May 23, 2006) (Judge Thomas Beall Griffith) by U.S. v. Desselle, 450 F.3d 179 (5th Cir. May 22, 2006) (Judge Jones) In Re: Sealed Case, 449 F.3d 118 (D.C.Cir. May 23, 2006) (Judge Griffith) Both of these cases dealt …

Jackson v. Dretke, No. 05-70031 (5th Cir.) (450 F.3d 614) (May 30, 2006) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists

Jackson v. Dretke, No. 05-70031 (5th Cir.) (450 F.3d 614) (May 30, 2006) (Judge Jerry E. Smith) by Texas, apparently, does not agree with the time-honored proposition that a condemned man has the right to speak his last words. In this case, a divided panel from the Fifth Circuit agreed …

Doe v. Gonzales, No. 05-0570-cv(L) (2nd Cir.) (449 F.3d 415) (May 23, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, National Security Letters

Doe v. Gonzales, No. 05-0570-cv(L) (2nd Cir.) (449 F.3d 415) (May 23, 2006) (Per Curiam) by This consolidated appeal involves two important electronic privacy challenges to the government’s ability to obtain secretly enormous amounts of data by using National Security Letters (NSLs). One of the key components of the PATRIOT …

U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (441 F.3d 1061) (March 30, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (441 F.3d 1061) (March 30, 2006) (Per Curiam) by

Silva v. U.S. Attorney General, No. 04-10351 (11th Cir.) (448 F.3d 1229) (May 5, 2006) (Judge William H. Jr. Pryor)

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

Filed under: Punch And Jurists, Asylum

Silva v. U.S. Attorney General, No. 04-10351 (11th Cir.) (448 F.3d 1229) (May 5, 2006) (Judge William H. Jr. Pryor) by Here a divided panel from the Eleventh Circuit denied asylum to a Colombian woman who gave admittedly credible evidence of numerous death threats against her by a Marxist paramilitary …

U.S. v. Brown, No. 04-3159 (D.C. Cir.) (449 F.3d 154) (June 2, 2006) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists

U.S. v. Brown, No. 04-3159 (D.C. Cir.) (449 F.3d 154) (June 2, 2006) (Judge Stephen F. Williams) by Here the Court held that a defendant who accidentally discharged a firearm was not subject to the ten year mandatory minimum sentence specified in 18 U.S.C. § 924(c)(1)(A)(iii) for discharging a firearm …

U.S. v. Tabor, No. 05-2169 (8th Cir.) (439 F.3d 826) (March 3, 2006) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Tabor, No. 05-2169 (8th Cir.) (439 F.3d 826) (March 3, 2006) (Judge John R. Gibson) by After a jury trial, defendant was convicted of conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture or substance containing cocaine base, in violation of …

U.S. v. Zapete-Garcia, No. 05-1352 (1st Cir.) (447 F.3d 57) (May 8, 2006) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Zapete-Garcia, No. 05-1352 (1st Cir.) (447 F.3d 57) (May 8, 2006) (Judge Norman H. Stahl) by Since U.S. v. Booker was decided, we have only seen two cases in which courts have reversed an upward sentencing departure on the grounds that it was excessive and thus constituted an …

U.S. v. Dobbs, No. 05-2249 (8th Cir.) (449 F.3d 904) (May 31, 2006) (Judge Michael J. Melloy)

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

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

U.S. v. Dobbs, No. 05-2249 (8th Cir.) (449 F.3d 904) (May 31, 2006) (Judge Michael J. Melloy) by The defendants in this case, Kasper Dobbs and Robert Wilson, appealed their federal convictions and sentences stemming from the armed robbery of $ 565 from a "mom and pop" convenience store in …

U.S. v. Smith, No. 03-CR-10087-NG (D.Mass.) (429 F.Supp.2d 440) (May 8, 2006) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Photographs/Photo Array

U.S. v. Smith, No. 03-CR-10087-NG (D.Mass.) (429 F.Supp.2d 440) (May 8, 2006) (Judge Nancy Gertner) by This is an astonishing tale of the extraordinary efforts of ATF Agent Christopher Demlein to implicate defendant Ramses Smith in the crime of possession of a firearm by a convicted felon. The events arose …

U.S. v. Howard, No. 05-10469 (9th Cir.) (447 F.3d 1257) (May 25, 2006) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, Probation Officers

U.S. v. Howard, No. 05-10469 (9th Cir.) (447 F.3d 1257) (May 25, 2006) (Judge Jay S. Bybee) by Here, the Ninth Circuit reversed Curtis Howard’s conviction for being a felon in possession of a firearm - after concluding that his probation officer did not have probable cause to conduct a …

U.S. v. Matlock, No. 72-1355 (U.S. Supreme Court) (415 U.S. 164; 94 S.Ct. 988) (February 20, 1974) (Justice White)

Article • March 31, 2006

Filed under: Punch And Jurists, Consent

U.S. v. Matlock, No. 72-1355 (U.S. Supreme Court) (415 U.S. 164; 94 S.Ct. 988) (February 20, 1974) (Justice White) by This seminal case held that the consent of one who possesses common authority over a premises or its effects is valid as against the absent, nonconsenting person with whom that …

Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 03-1696 (U.S. Supreme Court) (544 U.S. 280; 125 S.Ct. 1517) (March 30, 2005) (Justice Ginsburg)

Article • March 21, 2006

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 03-1696 (U.S. Supreme Court) (544 U.S. 280; 125 S.Ct. 1517) (March 30, 2005) (Justice Ginsburg) by In this case, the Supreme Court pared back the Rooker-Feldman doctrine to its core, holding that it "is confined to cases of the kind from …

Lance v. Dennis, No. 05-555 (U.S. Supreme Court) (546 U.S. 459; 126 S.Ct. 1198) (February 21, 2006) (Per Curiam)

Article • March 21, 2006

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Lance v. Dennis, No. 05-555 (U.S. Supreme Court) (546 U.S. 459; 126 S.Ct. 1198) (February 21, 2006) (Per Curiam) by Plaintiff Colorado citizens filed an action seeking to require defendant secretary of state to use the legislature's plan for redistricting rather than a court plan. They argued that Colo. Const. …

Rumsfeld v. FAIR, Inc., No. 04-1152 (U.S. Supreme Court) (547 U.S. 47; 126 S.Ct. 1297) (March 6, 2006) (Justice (John G.) Roberts)

Article • March 13, 2006

Filed under: Punch And Jurists

Rumsfeld v. FAIR, Inc., No. 04-1152 (U.S. Supreme Court) (547 U.S. 47; 126 S.Ct. 1297) (March 6, 2006) (Justice (John G.) Roberts) by In a sweeping legal victory for the U.S. military, the Supreme Court ruled unanimously that Pentagon recruiters must be assured an equal opportunity with other employers to …

Carroll v. U.S., No. 15 (U.S. Supreme Court) (267 U.S. 132; 45 S.Ct. 280) (March 2, 2025) (Justice Taft)

Article • March 11, 2006

Filed under: Punch And Jurists, Searches - Automobile

Carroll v. U.S., No. 15 (U.S. Supreme Court) (267 U.S. 132; 45 S.Ct. 280) (March 2, 2025) (Justice Taft) by In this case, the Court first recognized the so-called automobile exception to the Fourth Amendment's requirement that requires all searches to be supported by a warrant based on probable cause. …

Scheidler v. National Organization For Women, No. 04-1244 (U.S. Supreme Court) (547 U.S. 9; 126 S.Ct. 1264) (February 28, 2006) (Justice Breyer)

Article • March 8, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Anti-Abortion Activities

Scheidler v. National Organization For Women, No. 04-1244 (U.S. Supreme Court) (547 U.S. 9; 126 S.Ct. 1264) (February 28, 2006) (Justice Breyer) by Ending nearly 20 years of litigation, the Supreme Court has finally ruled that the Hobbs Act (18 U.S.C. § 1951(a)) does not outlaw the kind of violence …