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U.S. v. Poulin, No. 14-2458 (7th Cir.) (809 F.3d 924) (January 5, 2016) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Poulin, No. 14-2458 (7th Cir.) (809 F.3d 924) (January 5, 2016) (Judge Joel L. Flaum) by In U.S. v. Thompson, 777 F.3d 368, 373 (7th Cir. June 13, 2015)(P&J, 05/25/15), Circuit Judge Richard Posner went on a tirade when blasted the mindless and senseless imposition of more and …

Doe v. U.S., No. 15-MC-1174(JG) (E.D.N.Y.) (168 F.Supp.3d 427) (March 1, 2016) (Judge John Gleeson)

Article • March 7, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Certificate of Rehabilitation

Doe v. U.S., No. 15-MC-1174(JG) (E.D.N.Y.) (168 F.Supp.3d 427) (March 1, 2016) (Judge John Gleeson) by In this case, after concluding that the Petitioner, Jane Doe, could not meet the “extreme circumstances” that merited expungement of her thirteen-year old fraud conviction under prevailing Federal law, now-retired Federal District Court John …

U.S. v. Dokmeci, No. 13-CR-00455 b(JG) (E.D.N.Y.) ( F.Supp.3d ) (March 9, 2016) (Judge John Gleeson)

Article • March 7, 2016 • from P&J March, 2016

Filed under: Punch And Jurists

U.S. v. Dokmeci, No. 13-CR-00455 b(JG) (E.D.N.Y.) ( F.Supp.3d ) (March 9, 2016) (Judge John Gleeson) by In the second of his pre-retirement gifts to the criminal defense bar (see also, Doe v. U.S., No. 15-MC-1174 (E.D.N.Y. March 7, 2016)), Judge Gleeson published this Statement of Reasons for his sentencing …

U.S. v. Taylor, No. 15-5930 (6th Cir.) (815 F.3d 248) (March 7, 2016) (Judge Julia Smith Gibbons)

Article • March 7, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Taylor, No. 15-5930 (6th Cir.) (815 F.3d 248) (March 7, 2016) (Judge Julia Smith Gibbons) by This case presented a rather convoluted question regarding whether U.S.S.G. §1B1.10(b)(2) permits a defendant, who originally received a below-guidelines sentence attributable to both assistance and non-assistance factors, to receive a subsequent sentence …

Kolbe v. Hogan, No. 14-1945 (4th Cir.) (813 F.3d 160) (February 4, 2016) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Assault Weapons

Kolbe v. Hogan, No. 14-1945 (4th Cir.) (813 F.3d 160) (February 4, 2016) (Judge William B. Jr. Traxler) by Here, in a decision that was quickly granted a re-hearing en banc, a sharply divided panel struck down, as unconstitutional, a new Maryland law that banned most citizens from possessing assault …

U.S. v. R.V., No. 14-CR-0316 (E.D.N.Y.) (157 F.Supp.3d 207) (January 21, 2016) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. R.V., No. 14-CR-0316 (E.D.N.Y.) (157 F.Supp.3d 207) (January 21, 2016) (Judge Jack B. Weinstein) by Here Judge Weinstein took another memorable shot at the excessive penalties called for by the Guidelines in child porn possession cases, setting forth his reasons for imposing a non-incarceratory sentence on a 52-year …

U.S. v. Almonte-Reyes, No. 13-1934 (1st Cir.) (814 F.3d 24) (February 18, 2016) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Almonte-Reyes, No. 13-1934 (1st Cir.) (814 F.3d 24) (February 18, 2016) (Judge Sandra L. Lynch) by In this case of first impression in the First Circuit, the Court directly addressed a question that the Supreme Court expressly left open in Setser v. U.S., 566 U.S. ___, 132 S. …

U.S. v. Flores, No. 14-50027 (9th Cir.) (802 F.3d 1028) (September 23, 2016) (Judge Kim McLane Wardlaw)

Article • January 25, 2016 • from P&J January, 2016

Filed under: Punch And Jurists, Social Media

U.S. v. Flores, No. 14-50027 (9th Cir.) (802 F.3d 1028) (September 23, 2016) (Judge Kim McLane Wardlaw) by On the evening of June 21, 2012, Citalli Flores was stopped by Customs and Border Protection agents as she entered the United States following a day trip to Tijuana, Mexico. When she …

U.S. v. Coscia, No. 14 CR 551 (N.D.Ill.) (100 F.Supp.3d 653) (April 16, 2015) (Judge Harry D. Leinenweber)

Article • January 25, 2016 • from P&J January, 2016

Filed under: Punch And Jurists, Anti-Spoofing Statute

U.S. v. Coscia, No. 14 CR 551 (N.D.Ill.) (100 F.Supp.3d 653) (April 16, 2015) (Judge Harry D. Leinenweber) by In 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) ; and ever since then the Republican-led Congress has spent much of its time seeking …

U.S. v. Messina, No. 14-1219-cr (2nd Cir.) (806 F.3d 55) (November 12, 2015) (Judge Reena Raggi)

Article • January 25, 2016 • from P&J January, 2016

Filed under: Punch And Jurists, Loss of Future Income

U.S. v. Messina, No. 14-1219-cr (2nd Cir.) (806 F.3d 55) (November 12, 2015) (Judge Reena Raggi) by In this decision the Second Circuit rejected two interesting sentencing claims by the defendant, Neil Messina, a reputed member of the Bonanno crime family, who pled guilty to one count of racketeering conspiracy. …

U.S. v. Hampton, No. 09-10291-WGY (D.Mass.) ( F.Supp.3d ) (June 18, 2015) (Judge William G. Young)

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

Filed under: Punch And Jurists

U.S. v. Hampton, No. 09-10291-WGY (D.Mass.) ( F.Supp.3d ) (June 18, 2015) (Judge William G. Young) by U.S. v. Chin, 54 F.Supp.3d 87 (D.Mass. October 21, 2014) (Judge Patti Saris) U.S. v. Hampton, No. 09-10281-WGY (D.Mass. June 18, 2015) (Judge William Young) From 2003, when she was hired by the …

U.S. v. Navarro, No. 12-2606 (7th Cir.) (804 F.3d 872) (October 27, 2015) (Judge Sara L. Ellis)

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

Filed under: Punch And Jurists

U.S. v. Navarro, No. 12-2606 (7th Cir.) (804 F.3d 872) (October 27, 2015) (Judge Sara L. Ellis) by We find it astonishing how many times the Government brazenly violates the terms of its own plea agreements and then argues that its “mistake” was harmless, or innocent, or, as happened in …

U.S. v. Patiutka, No. 14-4932 (4th Cir.) (804 F.3d 684) (October 23, 2015) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Automobile Exception

U.S. v. Patiutka, No. 14-4932 (4th Cir.) (804 F.3d 684) (October 23, 2015) (Judge Diana Gribbon Motz) by The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Warrantless searches have been held to be "per …

U.S. v. Chin, No. 10-10076-PBD (D.Mass.) (54 F.Supp.3d 87) (October 21, 2014) (Judge Patti B. Saris)

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

Filed under: Punch And Jurists

U.S. v. Chin, No. 10-10076-PBD (D.Mass.) (54 F.Supp.3d 87) (October 21, 2014) (Judge Patti B. Saris) by U.S. v. Chin, 54 F.Supp.3d 87 (D.Mass. October 21, 2014) (Judge Patti Saris) U.S. v. Hampton, No. 09-10281-WGY (D.Mass. June 18, 2015) (Judge William Young) From 2003, when she was hired by the …

U.S. v. Chavful, No. 13-11173 (5th Cir.) (781 F.3d 758) (March 20, 2015) (Judge Edward C. Prado)

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

Filed under: Punch And Jurists

U.S. v. Chavful, No. 13-11173 (5th Cir.) (781 F.3d 758) (March 20, 2015) (Judge Edward C. Prado) by

U.S. v. Valle, No. 14-2710-cr (2nd Cir.) (807 F.3d 508) (December 3, 2015) (Judge Barrington D. Jr. Parker)

Article • December 14, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Valle, No. 14-2710-cr (2nd Cir.) (807 F.3d 508) (December 3, 2015) (Judge Barrington D. Jr. Parker) by This case involved the prosecution of a New York City cop, Gilberto Valle, for conspiracy to kidnap a victim and for improperly accessing a computer in violation of the Federal Computer …

U.S. v. Martinez, No. 14-cr-00169-PAB-5 (D.Colo.) (81 F.Supp.3d 1046) (February 26, 2015) (Judge Philip A. Brimmer)

Article • December 14, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Use of Immunized Testimony

U.S. v. Martinez, No. 14-cr-00169-PAB-5 (D.Colo.) (81 F.Supp.3d 1046) (February 26, 2015) (Judge Philip A. Brimmer) by Orlando Martinez was the owner of O's Pipes & Tobacco ("O's"), a retail establishment located in Denver, Colorado that sold tobacco and certain other products. On May 5, 2014, Martinez was one of …

U.S. v. Presley, No. 14-2704 (7th Cir.) (790 F.3d 699) (June 11, 2015) (Judge Richard A. Posner)

Article • December 14, 2015 • from P&J July, 2015

Filed under: Punch And Jurists, Elderly Defendants

U.S. v. Presley, No. 14-2704 (7th Cir.) (790 F.3d 699) (June 11, 2015) (Judge Richard A. Posner) by In this opinion Judge Posner addressed an issue that, far too often, is totally ignored by sentencing judges who routinely (especially in cases involving drugs, guns or pornography) impose sentences that are …

U.S. v. Espinal, No. 10 Cr. 905 (S.D.N.Y.) (96 F.Supp.3d 53) (March 10, 2015) (Judge Denny Chin)

Article • December 14, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Pattern of Improper Conduct

U.S. v. Espinal, No. 10 Cr. 905 (S.D.N.Y.) (96 F.Supp.3d 53) (March 10, 2015) (Judge Denny Chin) by A long time ago, the great Judge Jerome Frank presciently warned the judiciary of the evils that flow from repeated and meaningless “ritualistic verbal spankings” of prosecutors who engage in misconduct in …

Taylor-Failor v. County of Hawaii, No. Civ. No. 15-00070 DWK-KSC (D.Hawai'I) (90 F.Supp.3d 1095) (March 13, 2015) (Judge Derrick K. Watson)

Article • December 14, 2015 • from P&J January, 2016

Filed under: Punch And Jurists, Urinalsis Testing

Taylor-Failor v. County of Hawaii, No. Civ. No. 15-00070 DWK-KSC (D.Hawai'I) (90 F.Supp.3d 1095) (March 13, 2015) (Judge Derrick K. Watson) by This is not a criminal case, but it is an interesting case about whether and under what circumstances a municipality can require urinalysis testing as a condition of …