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U.S. v. McClain, No. 04-5887 (6th Cir.) (444 F.3d 537) (March 31, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. McClain, No. 04-5887 (6th Cir.) (444 F.3d 537) (March 31, 2006) (Per Curiam) by In U.S. v. McClain, 430 F.3d 299 (6th Cir. Dec. 2, 2005) (“McClain I”), the Sixth Circuit addressed a suppression order that had been issued in a case where there was (1) an illegal …

U.S. v. Molina, No. 04-13114 (11th Cir.) (443 F.3d 824) (March 24, 2006) (Judge William H. Jr. Pryor)

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

Filed under: Punch And Jurists, Mere Presence

U.S. v. Molina, No. 04-13114 (11th Cir.) (443 F.3d 824) (March 24, 2006) (Judge William H. Jr. Pryor) by Here the Court held that the district court committed reversible error when it granted a judgment of acquittal on the grounds that a drug trafficking conviction and a separate gun conviction …

U.S. v. Milam, No. 04-4224 (4th Cir.) (443 F.3d 382) (April 6, 2006) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Milam, No. 04-4224 (4th Cir.) (443 F.3d 382) (April 6, 2006) (Judge Paul V. Niemeyer) by The Fourth Circuit addressed an important sentencing issue in these two consolidated cases - namely whether a defendant’s failure to raise any objections to facts stated in his presentence reports constitutes an …

U.S. v. Zavala, No. 05-30120 (9th Cir.) (443 F.3d 1165) (April 11, 2006) (Per Curiam)

Article • March 1, 2006 • from P&J November, 2006

Filed under: Punch And Jurists, Presumption of Reasonableness

U.S. v. Zavala, No. 05-30120 (9th Cir.) (443 F.3d 1165) (April 11, 2006) (Per Curiam) by Defendant appealed the 30-year sentence that was imposed by the United States District Court for the District of Idaho after he was convicted of conspiracy to distribute or to possess with intent to distribute …

Holmes v. South Carolina, No. 04-1327 (U.S. Supreme Court) (547 U.S. 319; 126 S.Ct. 1727) (May 1, 2006) (Justice Alito)

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

Filed under: Punch And Jurists

Holmes v. South Carolina, No. 04-1327 (U.S. Supreme Court) (547 U.S. 319; 126 S.Ct. 1727) (May 1, 2006) (Justice Alito) by The issue before the Court in this case was whether a criminal defendant's federal constitutional rights are violated by an evidence rule under which the defendant may not introduce …

Enwonwu v. Gonzales, No. 05-2054 (1st Cir.) (438 F.3d 22) (February 13, 2006) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, The Real ID Act

Enwonwu v. Gonzales, No. 05-2054 (1st Cir.) (438 F.3d 22) (February 13, 2006) (Judge Sandra L. Lynch) by Petitioner alien sought review of a decision of the Board of Immigration Appeals (BIA), which reversed a finding of an immigration judge (IJ) that the alien was entitled to relief under the …

Day v. McDonough, No. 04-1324 (U.S. Supreme Court) (547 U.S. 198; 126 S.Ct. 1675) (April 25, 2006) (Justice Ginsburg)

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

Filed under: Punch And Jurists

Day v. McDonough, No. 04-1324 (U.S. Supreme Court) (547 U.S. 198; 126 S.Ct. 1675) (April 25, 2006) (Justice Ginsburg) by Here the Court held that a federal court has the authority, on its own initiative, to correct the state's error and dismiss a habeas petition as untimely, once the State …

U.S. v. Richardson, No. 04-3472 (8th Cir.) (439 F.3d 421) (March 3, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Multiple/Multiplicious Counts

U.S. v. Richardson, No. 04-3472 (8th Cir.) (439 F.3d 421) (March 3, 2006) (Per Curiam) by The issue before the Court in this case was whether a defendant, based upon a single act of possession of a firearm, can be convicted and punished under both 18 U.S.C. § 922(g)(1) (felon …

Tun v. U.S. Immigration and Naturalization Service, No. 02-4859 (2nd Cir.) (445 F.3d 554) (April 21, 2006) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Convention Against Torture

Tun v. U.S. Immigration and Naturalization Service, No. 02-4859 (2nd Cir.) (445 F.3d 554) (April 21, 2006) (Judge Rosemary S. Pooler) by Shortly prior to this decision, the Second Circui, in Xue v. Board of Immigration Appeals, 439 F.3d 111 (2nd Cir. Feb. 21, 2006) (P&J, 01/30/06), that Court sharply …

Stolt-Nielson, S.A. v. U.S., No. 05-1480 (3rd Cir.) (442 F.3d 177) (March 23, 2006) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Authority to Dismiss Indictment

Stolt-Nielson, S.A. v. U.S., No. 05-1480 (3rd Cir.) (442 F.3d 177) (March 23, 2006) (Judge Thomas L. Ambro) by This Third Circuit decision addresses a very interesting separation of powers issue: do federal courts have the authority to enjoin the federal government from indicting a defendant? Here, the district court …

U.S. v. McVay, No. 04-13455 (11th Cir.) (447 F.3d 1348) (May 5, 2006) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. McVay, No. 04-13455 (11th Cir.) (447 F.3d 1348) (May 5, 2006) (Judge Stanley Marcus) by In this case, the Eleventh Circuit addressed the reasonableness of downward departures in the post-Booker world; and its ruling gives credence to the wide-held belief that there are different standards for determining the …

U.S. v. Lopez, No. 04-2254 (8th Cir.) (443 F.3d 1026) (April 17, 2006) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Slight Evidence Standard

U.S. v. Lopez, No. 04-2254 (8th Cir.) (443 F.3d 1026) (April 17, 2006) (Judge Morris Sheppard Arnold) by Way back in 1935, the Eighth Circuit first articulated its so-called “slight evidence” standard which essentially holds that “once the existence of a conspiracy is established, slight evidence connecting a defendant to …

U.S. v. Saenz, No. CR 03-4089-MWB (N.D.Iowa) (429 F.Supp.2d 1081) (March 23, 2006) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Saenz, No. CR 03-4089-MWB (N.D.Iowa) (429 F.Supp.2d 1081) (March 23, 2006) (Judge Mark W. Bennett) by Kim Saenz was one of four defendants arrested and charged with the distribution of marijuana. She immediately pled guilty and, on the day of her arrest, she began cooperating with the Government …

U.S. v. Revels, No. 05-4142 (4th Cir.) (455 F.3d 448) (May 1, 2006) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Alternative Sentences

U.S. v. Revels, No. 05-4142 (4th Cir.) (455 F.3d 448) (May 1, 2006) (Judge J. Harvie III Wilkinson) by Here the Court discussed at some length the concept of admissions and the impact of an alternative sentence during the Blakely-Booker interregnum. Here are the basics from the start of the …

U.S. v. Novak, No. 04-55838 (9th Cir.) (441 F.3d 819) (March 23, 2006) (Judge Consuelo M. Callahan)

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

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Novak, No. 04-55838 (9th Cir.) (441 F.3d 819) (March 23, 2006) (Judge Consuelo M. Callahan) by Here a divided panel held that the garnishment of ERISA pension benefits under the Mandatory Victims Restitution Act (“MVRA”) is not barred by the anti-alienation provisions of the ERISA statutes, 29 U.S.C. …

U.S. v. Afshari, No. 02-50355 (9th Cir.) (446 F.3d 915) (April 17, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

U.S. v. Afshari, No. 02-50355 (9th Cir.) (446 F.3d 915) (April 17, 2006) (Per Curiam) by In U.S. v. Rahmani, 209 F.Supp.2d 1045 (C.D.Cal. 2002) (P&J, 06/17/02), Judge Takasugi of the C.D.Cal. dismissed an indictment filed against seven defendants, which charged them with conspiracy and 58 substantive counts of providing …

U.S. v. Jeremiah, No. 05-3164 (8th Cir.) (446 F.3d 805) (May 3, 2006) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Federal/State

U.S. v. Jeremiah, No. 05-3164 (8th Cir.) (446 F.3d 805) (May 3, 2006) (Judge Pasco M. II Bowman) by Here the defendant argued that in order to impose a reasonable sentence, the District Court was required by § 3553(a)(6) to consider the sentences imposed in Arkansas state courts for comparable …

U.S. v. Williams, No. 04-15128 (11th Cir.) (444 F.3d 1286) (April 6, 2006) (Judge Thomas M. Reavley)

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

Filed under: Punch And Jurists, Pandering

U.S. v. Williams, No. 04-15128 (11th Cir.) (444 F.3d 1286) (April 6, 2006) (Judge Thomas M. Reavley) by The defendant in this case, Michael Williams, was caught in an Internet sting operation with a government agent; and he was charged with one count of promoting, or "pandering," material "in a …

U.S. v. Tabron, No. 03-3156 (D.C. Cir.) (437 F.3d 63) (February 10, 2006) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Conspiratorial Agreement

U.S. v. Tabron, No. 03-3156 (D.C. Cir.) (437 F.3d 63) (February 10, 2006) (Judge David S. Tatel) by

U.S. v. Curtin, No. 04-10632 (9th Cir.) (443 F.3d 1084) (April 4, 2006) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Sex Crimes

U.S. v. Curtin, No. 04-10632 (9th Cir.) (443 F.3d 1084) (April 4, 2006) (Judge J. Clifford Wallace) by This is an interesting decision in which a divided panel overturned a sexual predator’s conviction due to the use of improper character evidence. Kevin Curtain was caught in the now-common sting operation: …