Search | Punch and Jurists

U.S. v. Musgrave, No. 15-3043 (6th Cir.) ( F.3d ) (May 4, 2016) (Judge Jane B. Stranch)

Article • June 13, 2016 • from P&J July, 2016

Filed under: Punch And Jurists, Substantively Unreasonable

U.S. v. Musgrave, No. 15-3043 (6th Cir.) ( F.3d ) (May 4, 2016) (Judge Jane B. Stranch) by This is the Sixth Circuit’s second crack at the non-incarceratory sentence imposed on Paul Musgrave who was convicted by a jury of various white-collar crimes - namely one count of conspiracy to …

U.S. v. Paredes, No. 15-CR-436 (JBW) (E.D.N.Y.) (185 F.Supp.3d 287) (May 5, 2016) (Judge Jack B. Weinstein)

Article • June 13, 2016 • from P&J June, 2016

Filed under: Punch And Jurists, Disagreement With

U.S. v. Paredes, No. 15-CR-436 (JBW) (E.D.N.Y.) (185 F.Supp.3d 287) (May 5, 2016) (Judge Jack B. Weinstein) by Here Judge Weinstein took sharp issue with a specific Guideline Amendment which included all infractions for driving while ability impaired as part a defendant's criminal history and rejected that approach as likely …

Lee v. U.S., No. 14-5369 (6th Cir.) ( F.3d ) (June 8, 2016) (Judge Alice M. Batchelder)

Article • June 13, 2016 • from P&J June, 2016

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

Lee v. U.S., No. 14-5369 (6th Cir.) ( F.3d ) (June 8, 2016) (Judge Alice M. Batchelder) by In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that held that attorneys in a criminal case have a constitutional obligation to advise their clients of the collateral immigration …

Peruta v. County of San Diego, No. 10-56971 (9th Cir.) (824 F.3d 919) (June 9, 2016) (Judge William A. Fletcher)

Article • June 13, 2016 • from P&J June, 2016

Filed under: Punch And Jurists

Peruta v. County of San Diego, No. 10-56971 (9th Cir.) (824 F.3d 919) (June 9, 2016) (Judge William A. Fletcher) by In Peruta v. County of San Diego, 742 F.3d 1144 (9th Cir. Feb. 13, 2014) (P&J, 03/10/14), a divided panel from the Ninth Circuit issued the most sweeping decision …

U.S. v. Medina-Carrasco, No. 13-10397 (9th Cir.) (815 F.3d 457) (March 2, 2016) (Judge Susan P. Graber)

Article • June 13, 2016 • from P&J June, 2016

Filed under: Punch And Jurists, Knowingly and Intelligently

U.S. v. Medina-Carrasco, No. 13-10397 (9th Cir.) (815 F.3d 457) (March 2, 2016) (Judge Susan P. Graber) by This is a fascinating decision about the validity of waivers of appellate rights generally; but it is particularly noted for the provocative dissent of visiting District Judge Paul Friedman of the D.D.C., …

U.S. v. Graham, No. 12-4659 (4th Cir.) (824 F.3d 421) (May 31, 2016) (Judge Diana Gribbon Motz)

Article • June 13, 2016 • from P&J June, 2016

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Graham, No. 12-4659 (4th Cir.) (824 F.3d 421) (May 31, 2016) (Judge Diana Gribbon Motz) by In U.S. v . Graham, 796 F.3d 332 (4th Cir. Aug. 5, 2015) (P&J, 08/17/15) (“Graham I”), a divided panel from the Fourth Circuit affirmed the convictions of Defendants Aaron Graham and …

U.S. v. Nesbeth, No. 15-cr-18(FB) (E.D.N.Y.) (188 F.Supp.3d 179) (May 24, 2016) (Judge Frederic Block)

Article • May 30, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Non-Incarceratory Sentence

U.S. v. Nesbeth, No. 15-cr-18(FB) (E.D.N.Y.) (188 F.Supp.3d 179) (May 24, 2016) (Judge Frederic Block) by The defendant in this case, Chevelle Nesbeth, a 20-year-old college student, while visiting Jamaica at the behest of a boyfriend, agreed to bring back to the United States two suitcases given to her by …

U.S. v. Von Behren, No. 15-1033 (10th Cir.) (822 F.3d 1139) (May 10, 2016) (Judge Stephanie K. Seymour)

Article • May 30, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Disclosure of Prior Crimes

U.S. v. Von Behren, No. 15-1033 (10th Cir.) (822 F.3d 1139) (May 10, 2016) (Judge Stephanie K. Seymour) by In March 2005, Brian Von Behren was sentenced to 121 months in prison and three years of supervised release for receipt and distribution of child pornography. In March 2014, as he …

U.S. v. Foster, No. 14-20323-CR (S.D.Fla.) (103 F.Supp.3d 1335) (April 16, 2015) (Judge Cecilia M Altonaga)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Statute of Limitations

U.S. v. Foster, No. 14-20323-CR (S.D.Fla.) (103 F.Supp.3d 1335) (April 16, 2015) (Judge Cecilia M Altonaga) by Following a jury trial, Tiffany Foster was convicted on two counts: (a) conspiracy to commit health care fraud and wire fraud, and (b) conspiracy to defraud the United States and receive kickbacks. She …

U.S. v. Buffis, No. Crim. No. 13-30028-MGM (D.Mass.) (2015 U.S. Dist. LEXIS 162222) (April 20, 2016) (Judge Mark G. Mastroianni)

Article • May 9, 2016 • from P&J May, 2016

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

U.S. v. Buffis, No. Crim. No. 13-30028-MGM (D.Mass.) (2015 U.S. Dist. LEXIS 162222) (April 20, 2016) (Judge Mark G. Mastroianni) by The Defendant in this case, Joseph Buffis, served as the Chief of Police for the Town of Lee, MA. He was charged, in a 12 count Indictment, with various …

U.S. v. Cortes-Medina, No. 14-1101 (1st Cir.) (819 F.3d 566) (May 12, 2016) (Judge Bruce M. Selya)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Arrest Record

U.S. v. Cortes-Medina, No. 14-1101 (1st Cir.) (819 F.3d 566) (May 12, 2016) (Judge Bruce M. Selya) by [1]-In sentencing defendant, the district court did not plainly err by taking into account several dismissed or acquitted charges as it did not use that conduct to construct an offense-level enhancement but …

U.S. v. Sakoc, No. 2;13-CR-106 (D.Vt.) (115 F.Supp.3d 475) (June 30, 2016) (Judge William K. III Sessions)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Core of Criminality

U.S. v. Sakoc, No. 2;13-CR-106 (D.Vt.) (115 F.Supp.3d 475) (June 30, 2016) (Judge William K. III Sessions) by This is a rare decision in which a Federal judge actually granted a defendant’s motion for a new trial based on a constructive amendment of his indictment that occurred because Government introduced …

U.S. v. Maymi-Maysonet, No. 14-2183 (1st Cir.) (812 F.3d 233) (February 5, 2016) (Judge Michael Daly Hawkins)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Maymi-Maysonet, No. 14-2183 (1st Cir.) (812 F.3d 233) (February 5, 2016) (Judge Michael Daly Hawkins) by This is a decision that epitomizes the astute wisdom of Judge Learned Hand’s warning many years ago that “so many prosecutors seek to sweep within the drag-net of conspiracy all those who …

U.S. v. Cortes-Medina, No. 14-1101 (1st Cir.) (810 F.3d 62) (January 6, 2016) (Judge Bruce M. Selya)

Article • May 9, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Arrest Record

U.S. v. Cortes-Medina, No. 14-1101 (1st Cir.) (810 F.3d 62) (January 6, 2016) (Judge Bruce M. Selya) by Hector Cortes-Medina pled guilty to conspiracy to possess with intent to distribute a controlled substance within1,000 feet of a protected location, pursuant to a plea agreement in which the Government agreed to …

U.S. v. Abney, No. 14-3074 (D.C. Cir.) (812 F.3d 1079) (February 5, 2016) (Judge Judith W. Rogers)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Failure to Postpone Sentencing

U.S. v. Abney, No. 14-3074 (D.C. Cir.) (812 F.3d 1079) (February 5, 2016) (Judge Judith W. Rogers) by This is an interesting decision from the D.C. Circuit in which a divided panel held that the Defendant had been denied effective assistance of counsel when his then-counsel failed to seek a …

U.S. v. Rivera, No. 12-CR-700 (JG) (E.D.N.Y.) (117 F.Supp.3d 172) (July 22, 2015) (Judge John Gleeson)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Rivera, No. 12-CR-700 (JG) (E.D.N.Y.) (117 F.Supp.3d 172) (July 22, 2015) (Judge John Gleeson) by This decision is a great read for anyone who wants to find out about some of the tricks, traps and dangers of proffer agreements in general; but it is also an intriguing expose …

U.S. v. $167,070.00 in U.S. Currency, No. 3:13-CV-00324-LRH-VPC (D.Nev.) (112 F.Supp.3d 1108) (June 12, 2015) (Judge Larry R. Hicks)

Article • March 28, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Probable Cause

U.S. v. $167,070.00 in U.S. Currency, No. 3:13-CV-00324-LRH-VPC (D.Nev.) (112 F.Supp.3d 1108) (June 12, 2015) (Judge Larry R. Hicks) by This is another outrageous asset forfeiture case that shows how Federal law both enables and encourages the police to become bandits with a badge. First, a little background. The Institute …

Koger v. Dart, No. 13 C 7150 (N.D.Ill.) (114 F.Supp.3d 572) (July 6, 2015) (Judge Matthew F. Kennelly)

Article • March 28, 2016 • from P&J April, 2016

Filed under: Punch And Jurists

Koger v. Dart, No. 13 C 7150 (N.D.Ill.) (114 F.Supp.3d 572) (July 6, 2015) (Judge Matthew F. Kennelly) by In 1984, some 42 years ago, Cook County Jail in Illinois quietly adopted a “no newspapers” policy for all inmates. It was an absolute ban on all newspapers and newspaper clippings; …

U.S. v. Mercado-Flores, No. Crim.No. 14-466 (GAG) (D.Puerto Rico) ( F.Supp.3d ) (June 4, 2015) (Judge Gustavo A. Gelpi)

Article • March 28, 2016 • from P&J April, 2016

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Mercado-Flores, No. Crim.No. 14-466 (GAG) (D.Puerto Rico) ( F.Supp.3d ) (June 4, 2015) (Judge Gustavo A. Gelpi) by This is an interesting decision that proves the wisdom of always reading the statute under which your client has been indicted. Here, because of a statutory omission, a defendant who …

U.S. v. Moreno, No. 14-1568 (3rd Cir.) (809 F.3d 766) (January 5, 2016) (Judge D. Michael Fisher)

Article • March 28, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Cross-Examination

U.S. v. Moreno, No. 14-1568 (3rd Cir.) (809 F.3d 766) (January 5, 2016) (Judge D. Michael Fisher) by The defendant in this case, Jason Moreno, was convicted at trial of wire fraud and conspiracy to commit wire fraud based on his involvement in a mortgage fraud scheme; and he was …