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Gonzales v. Oregon, No. 04-623 (U.S. Supreme Court) (546 U.S. 243; 126 S.Ct. 904) (January 17, 2006) (Justice Kennedy)

Article • January 17, 2006

Filed under: Punch And Jurists, Assisted Suicide

Gonzales v. Oregon, No. 04-623 (U.S. Supreme Court) (546 U.S. 243; 126 S.Ct. 904) (January 17, 2006) (Justice Kennedy) by The Controlled Substances Act does not allow the Attorney General to prohibit doctors from prescribing regulated drugs for use in physician-assisted suicide under state law permitting the procedure.

Roper v. Simmons, No. 03-633 (U.S. Supreme Court) (543 U.S. 551; 125 S.Ct. 1183) (March 1, 2005) (Justice Kennedy)

Article • January 2, 2006 • from P&J February, 2005

Filed under: Punch And Jurists

Roper v. Simmons, No. 03-633 (U.S. Supreme Court) (543 U.S. 551; 125 S.Ct. 1183) (March 1, 2005) (Justice Kennedy) by Here a bitterly divided Supreme Court held, by a vote of 5-to4, that the Eighth Amendment's prohibition against cruel and unusual punishment bars the death penalty for offenders who committed …

U.S. v. Matthews, No. 03-15528 (11th Cir.) (431 F.3d 1296) (December 6, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Matthews, No. 03-15528 (11th Cir.) (431 F.3d 1296) (December 6, 2005) (Per Curiam) by Appealing from the United States District Court for the Middle District of Florida after being convicted of conspiracy to distribute cocaine in violation of 21 U.S.C.S. §§ 846, 841(a)(1) and intimidation of witnesses in …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (405 F.Supp.2d 104) (December 20, 2005) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Ballistics Evidence

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (405 F.Supp.2d 104) (December 20, 2005) (Judge Nancy Gertner) by The issue before the Court in this long-running racketeering and assault case was the admissibility of certain forensic ballistics identification evidence that the Government wanted to introduce. The evidence in question was, …

U.S. v. Booker, No. 04-3152 (D.C. Cir.) (436 F.3d 238) (February 3, 2006) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Alternative Sentences

U.S. v. Booker, No. 04-3152 (D.C. Cir.) (436 F.3d 238) (February 3, 2006) (Judge David B. Sentelle) by In this case, the defendant Charles Booker (no relation to the defendant in the Supreme Court’s Booker case) was convicted and sentenced for distribution of crack and constructive possession of a gun. …

U.S. v. Boscarino, No. 05-2657 (7th Cir.) (437 F.3d 634) (February 8, 2006) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

U.S. v. Boscarino, No. 05-2657 (7th Cir.) (437 F.3d 634) (February 8, 2006) (Judge Frank H. Easterbrook) by Defendant was convicted in the United States District Court for the Northern District of Illinois, Eastern Division, of mail fraud, money laundering, and various tax crimes. He appealed his convictions and sentence. …

U.S. v. Green, No. 05-4270 (4th Cir.) (436 F.3d 449) (February 6, 2006) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Green, No. 05-4270 (4th Cir.) (436 F.3d 449) (February 6, 2006) (Judge Paul V. Niemeyer) by U.S. v. Green, 436 F.3d 449 (4th Cir. Feb. 6, 2006) (Judge Niemeyer) U.S. v. McManus, 436 F.3d 871 (8th Cir. Feb. 3, 2006) (Judge Gruender) Almost as soon as the Supreme …

U.S. v. Moreland, No. 05-4476 (4th Cir.) (437 F.3d 424) (February 22, 2006) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Moreland, No. 05-4476 (4th Cir.) (437 F.3d 424) (February 22, 2006) (Judge William W. Jr. Wilkins) by Here the Court vacated the sentence of 96 months imposed on the defendant and remanded with instructions that the district court impose a new sentence of "no less than 20 years …

U.S. v. Clark, No. 04-30249 (9th Cir.) (435 F.3d 1100) (January 25, 2006) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Clark, No. 04-30249 (9th Cir.) (435 F.3d 1100) (January 25, 2006) (Judge M. Margaret McKeown) by In an important ruling that signals a new approach to dealing with child sex crimes, the Ninth Circuit addressed an issue of first impression regarding the scope of Congress’ authority under the …

U.S. v. Williams, No. 04-14350 (11th Cir.) (438 F.3d 1272) (February 8, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Williams, No. 04-14350 (11th Cir.) (438 F.3d 1272) (February 8, 2006) (Per Curiam) by U.S. v. Lynch, 437 F.3d 902 (9th Cir. Feb. 10, 2006) (En Banc) (Per Curiam) U.S. v. Williams, 438 F.3d 1272 (11th Cir. Feb. 8, 2006) (Per Curiam) In these two cases, the Ninth …

U.S. v. Jimenez-Torres, No. 03-1138 (1st Cir.) (435 F.3d 3) (January 11, 2006) (Judge Jeffrey R. Howard)

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

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

U.S. v. Jimenez-Torres, No. 03-1138 (1st Cir.) (435 F.3d 3) (January 11, 2006) (Judge Jeffrey R. Howard) by The Hobbs Act (18 U.S.C. § 1951(a)) turns robberies into Federal offenses if the prosecutor can show any connection to interstate commerce. In the annals of interstate commerce jurisprudence, many strange, strained, …

U.S. v. Scott, No. 05-6082 (10th Cir.) (469 F.3d 1335) (October 27, 2006) (Judge William J. Jr. Holloway)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Scott, No. 05-6082 (10th Cir.) (469 F.3d 1335) (October 27, 2006) (Judge William J. Jr. Holloway) by ORDER DENYING PETITION FOR PANEL REHEARING The United States has filed a petition for panel rehearing. The motion is denied. The petition has, however, brought to the court's attention two errors …

U.S. v. Eura, No. 05-4437 (4th Cir.) (440 F.3d 625) (January 24, 2006) (Judge Clyde H. Hamilton)

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

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

U.S. v. Eura, No. 05-4437 (4th Cir.) (440 F.3d 625) (January 24, 2006) (Judge Clyde H. Hamilton) by IThe principal issue addressed by the Court in this case was “whether a district court in the post-Booker world can vary from the advisory sentencing range under the Guidelines by substituting its …

Xue v. Board of Immigration Appeals, No. 04-0374-ag (2nd Cir.) (439 F.3d 111) (February 21, 2006) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Denial of Due Process

Xue v. Board of Immigration Appeals, No. 04-0374-ag (2nd Cir.) (439 F.3d 111) (February 21, 2006) (Judge Guido Calabresi) by Anyone familiar with the Board of Immigration Appeals (BIA) has to be concerned about its methods of operation - highlighted by its infamous “paper review” of cases. Just consider this …

Arar v. Ashcroft, No. Civ. No. CV-04-0249 (DGT) (VVP) (E.D.N.Y.) (414 F.Supp.2d 250) (February 16, 2006) (Judge David G. Trager)

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

Filed under: Punch And Jurists, Failure to State a Claim Upon Which Relief Can Be Granted

Arar v. Ashcroft, No. Civ. No. CV-04-0249 (DGT) (VVP) (E.D.N.Y.) (414 F.Supp.2d 250) (February 16, 2006) (Judge David G. Trager) by In an intensely disturbing ruling that has generated virtually no coverage in the American press, Judge Trager dismissed this civil rights lawsuit by Maher Arar against various American officials …

U.S. v. Coker, No. 04-2154 (1st Cir.) (433 F.3d 39) (December 28, 2005) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists

U.S. v. Coker, No. 04-2154 (1st Cir.) (433 F.3d 39) (December 28, 2005) (Judge Juan R. Torruella) by The defendant, Edward Coker, was convicted by a jury of one count of attempted arson in violation of 18 U.S.C. § 844(I). He appealed, arguing that the district court had erred in …

U.S. v. Bear, No. 04-50161 (9th Cir.) (439 F.3d 565) (February 24, 2006) (Judge David R. Thompson)

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

Filed under: Punch And Jurists

U.S. v. Bear, No. 04-50161 (9th Cir.) (439 F.3d 565) (February 24, 2006) (Judge David R. Thompson) by The Ninth Circuit may be the Supreme Court’s favorite punching bag, but it always seems alive with novel decisions. In the instant case, the Court vacated the drug conviction and 20-year sentence …

Walker v. Jastremski, No. 04-3671-pr (2nd Cir.) (430 F.3d 560) (November 15, 2005) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists

Walker v. Jastremski, No. 04-3671-pr (2nd Cir.) (430 F.3d 560) (November 15, 2005) (Judge Guido Calabresi) by On Feb. 8, 1994, plaintiff, a Connecticut state prisoner, delivered to prison officials, for mailing to a state court, his "motion for production of records." The court received plaintiff's request on Feb. 11, …

U.S. v. Gonzales, No. 04-20131 (5th Cir.) (436 F.3d 560) (January 17, 2006) (Judge Will L. Garwood)

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

Filed under: Excessive Force, Punch And Jurists

U.S. v. Gonzales, No. 04-20131 (5th Cir.) (436 F.3d 560) (January 17, 2006) (Judge Will L. Garwood) by In this 51-page opinion, the Fifth Circuit affirmed the convictions and sentences of three members of an elite INS squad known as the San Antonio Fugitive Unit, a group that specialized in …

U.S. v. McManus, No. 04-3560 (8th Cir.) (436 F.3d 871) (February 3, 2006) (Judge Raymond W. Gruender)

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

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. McManus, No. 04-3560 (8th Cir.) (436 F.3d 871) (February 3, 2006) (Judge Raymond W. Gruender) by U.S. v. Green, 436 F.3d 449 (4th Cir. Feb. 6, 2006) (Judge Niemeyer) U.S. v. McManus, 436 F.3d 871 (8th Cir. Feb. 3, 2006) (Judge Gruender) Almost as soon as the Supreme …