Search | Punch and Jurists

Lucas v. U.S., No. 14-2291 (2nd Cir.) (775 F.3d 544) (January 7, 2015) (Per Curiam)

Article • December 1, 2015

Filed under: Punch And Jurists, Adequacy

Lucas v. U.S., No. 14-2291 (2nd Cir.) (775 F.3d 544) (January 7, 2015) (Per Curiam) by This is an interesting bail forfeiture case in which a declaration of forfeiture in favor of the Government was set aside because of a lack of valid notice under 18 U.S.C. § 983(e)(1), the …

Shamir v. City of New York, No. 14-3606 (2nd Cir.) (804 F.3d 553) (October 22, 2015) (Judge Jon O. Newman)

Article • December 1, 2015

Filed under: Punch And Jurists

Shamir v. City of New York, No. 14-3606 (2nd Cir.) (804 F.3d 553) (October 22, 2015) (Judge Jon O. Newman) by In a 42 U.S.C. section 1983 action alleging false arrest and use of excessive force, the district court's dismissal of plaintiff's complaint under Federal Rule of Civil Procedure 12(b)(6) …

Kane v. Lewis, No. 14-1027 (4th Cir.) (604 Fed.Appx. 229) (March 13, 2015) (Judge Allyson Kay Duncan)

Article • November 23, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, SWAT Teams

Kane v. Lewis, No. 14-1027 (4th Cir.) (604 Fed.Appx. 229) (March 13, 2015) (Judge Allyson Kay Duncan) by This case is more than just another example of the evils of the over-the-top, nighttime, military style drug raids that have become all-too-common in America. It is also a case that exposes …

Doe v. Hesketh, No. Civ. No. 13-4935 (E.D.Pa.) (77 F.Supp.3d 440) (January 9, 2015) (Judge Stewart Dalzell)

Article • November 23, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Prior Payments Under the MVRA

Doe v. Hesketh, No. Civ. No. 13-4935 (E.D.Pa.) (77 F.Supp.3d 440) (January 9, 2015) (Judge Stewart Dalzell) by This is a civil case in which the plaintiff, identified as Jane Doe in the caption of the case, sued a class of defendants for statutory damages under a Federal law known …

U.S. v. Simmons, No. 13-6273 (6th Cir.) (797 F.3d 409) (August 14, 2015) (Judge R. Guy Jr. Cole)

Article • November 23, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Simmons, No. 13-6273 (6th Cir.) (797 F.3d 409) (August 14, 2015) (Judge R. Guy Jr. Cole) by This is an interesting decision in which the Sixth Circuit held that the district court violated the defendant’s Sixth Amendment right to a public trial by excluding three co-defendants from the …

U.S. v. Johnsted, No. 12-cr-146-wmc (W.D.Wisc.) (30 F.Supp.3d 814) (October 8, 2013) (Judge William M. Conley)

Article • November 23, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Hand Printing

U.S. v. Johnsted, No. 12-cr-146-wmc (W.D.Wisc.) (30 F.Supp.3d 814) (October 8, 2013) (Judge William M. Conley) by

U.S. v. Matusiewicz, No. Crim, No, 13-83 (D.Del.) (84 F.Supp.3d 363) (March 26, 2015) (Judge Gerald A. McHugh)

Article • November 23, 2015 • from P&J November, 2015

Filed under: Punch And Jurists

U.S. v. Matusiewicz, No. Crim, No, 13-83 (D.Del.) (84 F.Supp.3d 363) (March 26, 2015) (Judge Gerald A. McHugh) by This case is noted because it represents the very first convictions for cyberstalking resulting in death that have been achieved under the broad and potent provisions of the Federal cyberstalking statute …

U.S. v. Johnsted, No. 12-cr-146-wme (W.D.Wisc.) (30 F.Supp.3d 814) (October 8, 2013) (Judge William M. Conley)

Article • November 23, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Hand Printing

U.S. v. Johnsted, No. 12-cr-146-wme (W.D.Wisc.) (30 F.Supp.3d 814) (October 8, 2013) (Judge William M. Conley) by In this case, Judge Conley denied the Government’s request to introduce expert opinion testimony from a U.S. Postal Service handwriting expert to the effect that the hand printing on an envelope and a …

U.S. v. Dreyer, No. 13-30077 (9th Cir.) (804 F.3d 1266) (November 4, 2015) (Judge Morgan Christen)

Article • November 23, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Suppression

U.S. v. Dreyer, No. 13-30077 (9th Cir.) (804 F.3d 1266) (November 4, 2015) (Judge Morgan Christen) by Here the en banc Court held that, despte extensive participation of the NCIS in a civilian criminal investigation that clearly violated the Posse Comitatus Act, suppression of the evidence was not waranted under …

N.Y.S. Rifle & Pistol Assn. v. Cuomo, No. 14-36-cv (2nd Cir.) (804 F.3d 242) (October 19, 2015) (Judge Jose A. Cabranes)

Article • November 2, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Assault Weapons

N.Y.S. Rifle & Pistol Assn. v. Cuomo, No. 14-36-cv (2nd Cir.) (804 F.3d 242) (October 19, 2015) (Judge Jose A. Cabranes) by In December, 2012, 20-year-old Adam Lanza used three semiautomatic weapons to kill 20 children and six adults,at the Sandy Hook Elementary School in Newtown, Connecticut. In committing that …

U.S. v. Hill, No. 13-4806 (4th Cir.) (776 F.3d 243) (January 13, 2015) (Judge Albert Diaz)

Article • November 2, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Supervised Release

U.S. v. Hill, No. 13-4806 (4th Cir.) (776 F.3d 243) (January 13, 2015) (Judge Albert Diaz) by In this consolidated case, the Court reviewed the scope of Fourth Amendment protections as applied to individuals serving a term of Federal supervised release. The case was triggered when a confidential informant provided …

U.S. v. Marin Alliance for Medical Marijuana, No. C-9800086-CRB (N.D.Cal.) (139 F.Supp.3d 1039) (October 19, 2015) (Judge Charles R. Breyer)

Article • November 2, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Medical Marijuana

U.S. v. Marin Alliance for Medical Marijuana, No. C-9800086-CRB (N.D.Cal.) (139 F.Supp.3d 1039) (October 19, 2015) (Judge Charles R. Breyer) by This case has been before the courts for some 17 years; and it involves the intractable battle between the Federal Government and any states that have had the audacity …

U.S. v. Anderson, No. 14-5741 (6th Cir.) (795 F.3d 613) (August 4, 2015) (Judge Gilbert S. Merritt)

Article • November 2, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Guideline Amendment 790

U.S. v. Anderson, No. 14-5741 (6th Cir.) (795 F.3d 613) (August 4, 2015) (Judge Gilbert S. Merritt) by The primary question addressed in this sentencing appeal was whether the defendant, Lameisha Anderson, had the requisite intent to be held responsible, under the "murder cross-reference" enhancement of U.S.S.G. § 2D1.1(d) for …

U.S. v. Saena Tech Corp., No. 14-66 (EGS) (D.D.C.) ( F.Supp.3d ) (October 21, 2015) (Judge Emmet G. Sullivan)

Article • November 2, 2015 • from P&J November, 2015

Filed under: Punch And Jurists

U.S. v. Saena Tech Corp., No. 14-66 (EGS) (D.D.C.) ( F.Supp.3d ) (October 21, 2015) (Judge Emmet G. Sullivan) by This case is noted for District Judge Sullivan’s powerful entreaty for greater use of deferred-prosecution agreements and similar sentencing alternatives for individuals charged with certain non-violent criminal offenses. In this …

U.S. v. Mathis-Gardner, No. Crim. No. 11-100 (RJL) (D.D.C.) (110 F.Supp.3d 91) (June 22, 2015) (Judge Richard J. Leon)

Article • October 12, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, 18 U.S.C. § 3583(e)

U.S. v. Mathis-Gardner, No. Crim. No. 11-100 (RJL) (D.D.C.) (110 F.Supp.3d 91) (June 22, 2015) (Judge Richard J. Leon) by U.S. v. Mathis-Gardner, 783 F.3d 1286 (D.C. Cir. April 21, 2015) (Judge William Wilkins, Jr.) U.S. v. Mathis-Gardner, 110 F.Supp.3d 92 (D.D.C. June 22, 2015) (District Judge Richard Leon) Collectively, …

Zevallos v. Obama, No. 14-4059 (D.C. Cir.) (793 F.3d 106) (July 10, 2015) (Judge Thomas Beall Griffith)

Article • October 12, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, Foreign Narcotics Kingpin Designation Act

Zevallos v. Obama, No. 14-4059 (D.C. Cir.) (793 F.3d 106) (July 10, 2015) (Judge Thomas Beall Griffith) by In Zevallos v. Obama, 10 F.Supp.3d 111 (D.D.C. Jan. 17, 2014) (P&J, Dec. 8, 2014) (“Zevallos I”), we reported on a decision by District Judge Rudolph Contreras of the D.D.C. in which …

U.S. v. zmsyhid-Gardner, No. 14-3031 (D.C. Cir.) (783 F.3d 1286) (April 21, 2015) (Judge William W. Jr. Wilkins)

Article • October 12, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, Early Release

U.S. v. zmsyhid-Gardner, No. 14-3031 (D.C. Cir.) (783 F.3d 1286) (April 21, 2015) (Judge William W. Jr. Wilkins) by U.S. v. Mathis-Gardner, 783 F.3d 1286 (D.C. Cir. April 21, 2015) (Judge William Wilkins, Jr.) U.S. v. Mathis-Gardner, Crim. No. 11-100 (RJL) (D.D.C. June 22, 2015) (District Judge Richard Leon) Collectively, …

U.S. v. Harris, No. 14-2269 (8th Cir.) (794 F.3d 885) (July 21, 2015) (Judge Steven M. Colloton)

Article • October 12, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, Lack of Relationship to Crime of Conviction

U.S. v. Harris, No. 14-2269 (8th Cir.) (794 F.3d 885) (July 21, 2015) (Judge Steven M. Colloton) by This case examines the propriety of a novel special condition of supervised release, imposed on a defendant convicted of a gun crime, which stated that the defendant "shall not participate in any …

U.S. v. Rodriguez, No. 14-10122 (9th Cir.) (790 F.3d 951) (June 24, 2015) (Judge Barry G. Silverman)

Article • October 12, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, Lasing an Aircraft

U.S. v. Rodriguez, No. 14-10122 (9th Cir.) (790 F.3d 951) (June 24, 2015) (Judge Barry G. Silverman) by One evening in August, 2012, Sergio Rodriguez, his girlfriend, and their kids were fooling around with a laser pointer in the courtyard of their apartment complex — trying to see just how …

U.S. v. Fry, No. 13-3502 (8th Cir.) (792 F.3d 884) (July 1, 2015) (Judge Steven M. Colloton)

Article • September 28, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, Penalty for Going to Trial

U.S. v. Fry, No. 13-3502 (8th Cir.) (792 F.3d 884) (July 1, 2015) (Judge Steven M. Colloton) by A Minnesota jury convicted James Fry of five counts of securities fraud, four counts of wire fraud, and three counts of making false statements to the Securities and Exchange Commission, in connection …