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Garcia v. Montgomery County, Maryland, No. Civil Action No. TDC-12-3592 (D.Md.) (145 F.Supp.3d 492) (November 5, 2015) (Judge Theodore D. Chuang)

Article • September 5, 2016 • from P&J September, 2016

Filed under: Punch And Jurists

Garcia v. Montgomery County, Maryland, No. Civil Action No. TDC-12-3592 (D.Md.) (145 F.Supp.3d 492) (November 5, 2015) (Judge Theodore D. Chuang) by The Plaintiff in this case, Mannie Garcia, an award-winning photojournalist, was arrested, in June, 2011, by Montgomery County Police Department officers for disorderly conduct solely because he was …

U.S. v. Batamula, No. 12-20630 (5th Cir.) (823 F.3d 237) (May 3, 2012) (Per Curiam)

Article • September 5, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Batamula, No. 12-20630 (5th Cir.) (823 F.3d 237) (May 3, 2012) (Per Curiam) by In U.S. v. Batamula, 788 F.3d 611 (5th Cir. June 2, 2015) (“Batamula I”) (P&J, 06/15/15), a panel from the Fifth Circuit issued a notable ruling about the survival of claims of ineffective assistance …

U.S. v. Smith, No. 15-1742 (8th Cir.) (820 F.3d 356) (April 14, 2016) (Judge Bobby E. Shepherd)

Article • September 5, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Community Caretaking Exception/Doctrine

U.S. v. Smith, No. 15-1742 (8th Cir.) (820 F.3d 356) (April 14, 2016) (Judge Bobby E. Shepherd) by After reserving the right to challenge the warrantless search of his residence, Cody Smith pled guilty to one count of possession of a firearm by a prohibited person in violation of 18 …

U.S. v. Ford, No. 15-1303 (1st Cir.) (821 F.3d 63) (April 13, 2016) (Judge William J. Jr. Kayatta)

Article • September 5, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Mens Rea

U.S. v. Ford, No. 15-1303 (1st Cir.) (821 F.3d 63) (April 13, 2016) (Judge William J. Jr. Kayatta) by In this case of first impression, the First Circuit held that a defendant could not be convicted of aiding and abetting her husband’s unlawful possession of a firearm absent proof that …

U.S. v. McLean, No. 13-cr-487 (E.D.Pa.) (199 F.Supp.3d 926) (August 8, 2016) (Judge Gerald A. McHugh)

Article • August 22, 2016 • from P&J August, 2016

Filed under: Punch And Jurists

U.S. v. McLean, No. 13-cr-487 (E.D.Pa.) (199 F.Supp.3d 926) (August 8, 2016) (Judge Gerald A. McHugh) by It is hard not to be jolted by the opening paragraph of Judge McHugh’s memorable sentencing opinion in this case, in which he explored in depth some of the many evils of Government …

Doe v. U.S., No. 15-1967-cr (2nd Cir.) (833 F.3d 192) (August 11, 2016) (Judge Raymond J. Jr. Lohier)

Article • August 22, 2016 • from P&J August, 2016

Filed under: Punch And Jurists

Doe v. U.S., No. 15-1967-cr (2nd Cir.) (833 F.3d 192) (August 11, 2016) (Judge Raymond J. Jr. Lohier) by In 2015, just before he retired from the bench, former District Judge John Gleeson of the E.D.N.Y celebrated his pending retirement by issuing a string of memorable sentencing decisions, none of …

U.S. v. Gonzalez-Longoria, No. 15-40041 (5th Cir.) (831 F.3d 670) (August 5, 2016) (Judge Stephen A. Higginson)

Article • August 22, 2016 • from P&J August, 2016

Filed under: Punch And Jurists

U.S. v. Gonzalez-Longoria, No. 15-40041 (5th Cir.) (831 F.3d 670) (August 5, 2016) (Judge Stephen A. Higginson) by This is another of many recent decisions from the lower Federal courts struggling to interpret the limits of Johnson v. U.S., 576 U.S. ___, 135 S. Ct. 2551 (2015), in which the …

Norris v. U.S., No. 15-10390 (11th Cir.) (820 F.3d 1261) (April 25, 2016) (Judge William H. Jr. Pryor)

Article • August 22, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Racial Bias

Norris v. U.S., No. 15-10390 (11th Cir.) (820 F.3d 1261) (April 25, 2016) (Judge William H. Jr. Pryor) by In November, 2010, former District Judge Jack Tarpley Camp, Jr. of the N.D.Ga. resigned from the bench, after serving as a Federal Judge for more than 23 years. His resignation came …

U.S. v. McIntosh, No. 15-10117 (9th Cir.) (833 F.3d 1163) (August 16, 2016) (Judge Diarmuid F. O'Scannlain)

Article • August 22, 2016 • from P&J August, 2016

Filed under: Punch And Jurists

U.S. v. McIntosh, No. 15-10117 (9th Cir.) (833 F.3d 1163) (August 16, 2016) (Judge Diarmuid F. O'Scannlain) by In 2014, Congress enacted a new omnibus appropriations act which funded the Government through September 30, 2015, and which contained a Rider known as the Rohrabacher-Farr Medical Cannabis Amendment. That Amendment was …

U.S. v. Fitzgerald, No. 14-4795 (4th Cir.) (820 F.3d 107) (April 27, 2016) (Judge William B. Jr. Traxler)

Article • August 1, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Government Consent

U.S. v. Fitzgerald, No. 14-4795 (4th Cir.) (820 F.3d 107) (April 27, 2016) (Judge William B. Jr. Traxler) by After Robert Fitzgerald was charged with various gun and drug offenses, he moved unsuccessfully to suppress evidence found as the result of the execution of a search warrant at his home. …

U.S. v. Ortiz, No. 15-3240 (7th Cir.) (817 F.3d 553) (March 28, 2016) (Judge Richard A. Posner)

Article • August 1, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Failure to Explain

U.S. v. Ortiz, No. 15-3240 (7th Cir.) (817 F.3d 553) (March 28, 2016) (Judge Richard A. Posner) by The defendant in this case, Derek Ortiz, was one of four defendants whose sentences were previously vacated by the Seventh Circuit due to various problems stemming from the imposition of numerous conditions …

U.S. v. Torres, No. 14-10210 (9th Cir.) (828 F.3d 1113) (July 14, 2016) (Judge Mary H. Murguia)

Article • August 1, 2016 • from P&J August, 2016

Filed under: Punch And Jurists

U.S. v. Torres, No. 14-10210 (9th Cir.) (828 F.3d 1113) (July 14, 2016) (Judge Mary H. Murguia) by One of the issues raised in this appeal was whether a defendant may lawfully appeal a sentence that he claims is “illegal,” after he has signed a plea agreement in which he …

U.S. v. Lull, No. 15-4216 (4th Cir.) (824 F.3d 109) (May 25, 2016) (Judge Allyson Kay Duncan)

Article • August 1, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Material Ommissions

U.S. v. Lull, No. 15-4216 (4th Cir.) (824 F.3d 109) (May 25, 2016) (Judge Allyson Kay Duncan) by The defendant in this case, Zackary Lull, entered a conditional plea of guilty to one count of possession of a firearm in furtherance of a drug trafficking crime in violation of 18 …

U.S. v. Rios, No. 14-2495 (6th Cir.) (830 F.3d 403) (July 21, 2016) (Judge Karen Nelson Moore)

Article • August 1, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Harmless Error

U.S. v. Rios, No. 14-2495 (6th Cir.) (830 F.3d 403) (July 21, 2016) (Judge Karen Nelson Moore) by The Government loves to prosecute cases that involve multiple defendants who are alleged to be members of an organized criminal gang. It can easily work on the weakest defendants and get them …

U.S. v. Lara, No. 14-50120 (9th Cir.) (815 F.3d 605) (March 3, 2016) (Judge William A. Fletcher)

Article • August 1, 2016 • from P&J August, 2016

Filed under: Punch And Jurists, Waiver of Appellate Rights

U.S. v. Lara, No. 14-50120 (9th Cir.) (815 F.3d 605) (March 3, 2016) (Judge William A. Fletcher) by This is an interesting decision in which the Ninth Circuit held that it was constitutionally unreasonable for two Probation Officers to search the probationer’s cell phone and the data contained therein, even …

U.S. v. Martinez, No. 10CR3576-LAB (S.D.Cal.) (126 F.Supp.3d 1179) (August 21, 2015) (Judge Larry Alan Burns)

Article • July 11, 2016 • from P&J July, 2016

Filed under: Punch And Jurists, Guideline Amendment 782

U.S. v. Martinez, No. 10CR3576-LAB (S.D.Cal.) (126 F.Supp.3d 1179) (August 21, 2015) (Judge Larry Alan Burns) by This decision is noted as a good example of the problems inmates face with retroactive sentence reductions under Guideline Amendment 782; here the defendant received a 1 month sentence reduction on his 120 …

Hollis v. Lynch, No. 15-10803 (5th Cir.) (827 F.3d 436) (June 30, 2015) (Judge Leslie H. Southwick)

Article • July 11, 2016 • from P&J July, 2016

Filed under: Punch And Jurists, Machine Guns

Hollis v. Lynch, No. 15-10803 (5th Cir.) (827 F.3d 436) (June 30, 2015) (Judge Leslie H. Southwick) by In this unanimous ruling, a panel from the Fifth Circuit joined with every other Circuit court that has ruled on the issue (i.e., the Second, Third, Fourth, Sixth, Seventh, Eighth and Ninth …

U.S. v. Collins, No. 15-3263 (6th Cir.) (828 F.3d 386) (June 29, 2016) (Judge Ralph B Jr. Guy)

Article • July 11, 2016 • from P&J July, 2016

Filed under: Punch And Jurists

U.S. v. Collins, No. 15-3263 (6th Cir.) (828 F.3d 386) (June 29, 2016) (Judge Ralph B Jr. Guy) by In this case, the Sixth Circuit considered an interesting issue of first impression: may a Federal district judge poll the jury before sentencing to ask them what they believe an appropriate …

U.S. v. Bare, No. 14-10475 (9th Cir.) (806 F.3d 1011) (November 24, 2015) (Judge Richard C. Tallman)

Article • July 11, 2016 • from P&J November, 2015

Filed under: Punch And Jurists, Relation to Offense of Conviction

U.S. v. Bare, No. 14-10475 (9th Cir.) (806 F.3d 1011) (November 24, 2015) (Judge Richard C. Tallman) by In this case, the Ninth Circuit affirmed, over the dissent of Judge Kozinski, the 54-month sentence imposed on Ibrahim Fahab Bare following his conviction for being a felon in possession of a …

U.S. v. Brown, No. 13-1706 (2nd Cir.) (826 F.3d 51) (June 14, 2016) (Judge Rosemary S. Pooler)

Article • June 27, 2016 • from P&J July, 2016

Filed under: Punch And Jurists

U.S. v. Brown, No. 13-1706 (2nd Cir.) (826 F.3d 51) (June 14, 2016) (Judge Rosemary S. Pooler) by This is curious sentencing decision from which it is hard to derive any discernable lesson. Essentially, for reasons that are never fully transparent, a divided panel from the Second Circuit vacated a …