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U.S. v. Elashi, No. 14-10751 (5th Cir.) (789 F.3d 547) (June 12, 2015) (Judge Stephen A. Higginson)

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

Filed under: Punch And Jurists

U.S. v. Elashi, No. 14-10751 (5th Cir.) (789 F.3d 547) (June 12, 2015) (Judge Stephen A. Higginson) by This case is noted as a good example of the lengths to which the Federal Government will go to cripple the families of convicted felons - in this case by garnishing the …

U.S. v. Rosales-Bruno, No. 12-15089 (11th Cir.) (789 F.3d 1249) (June 19, 2015) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Reasonabness of Sentence

U.S. v. Rosales-Bruno, No. 12-15089 (11th Cir.) (789 F.3d 1249) (June 19, 2015) (Judge Edward E. Carnes) by In U.S. v. Rosales-Bruno, 676 F.3d 1017 (11th Cir. April 6, 2012) (“Rosales-Bruno I”), the Eleventh Circuit considered the appeal of Jesus Rosales-Bruno, who argued that the district court (Judge K. Michael …

U.S. v. Lewis, No. 10-2931 (3rd Cir.) (802 F.3d 449) (September 16, 2015) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Crime of Conviction

U.S. v. Lewis, No. 10-2931 (3rd Cir.) (802 F.3d 449) (September 16, 2015) (Judge Marjorie O. Rendell) by In Alleyne v. U.S., 570 U.S. ___. 133 S.Ct. 2151, 2155 (2013), the Supreme Court held that: “any fact that, by law, increases the penalty for a crime is an ‘element’ that …

U.S. v. Reyes-Santiago, No. 12-2372 (1st Cir.) (804 F.3d 453) (September 23, 2015) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Disparity Among Co-Defendants

U.S. v. Reyes-Santiago, No. 12-2372 (1st Cir.) (804 F.3d 453) (September 23, 2015) (Judge Kermit A. Lipez) by This is a rare decision in which a Federal appellate court actually reversed a defendant’s sentence based upon an unwarranted sentencing disparity with his co-defendants. Although 18 U.S.C. § 3553(a)(6) does direct …

U.S. v. Watson, No. 13-30084 (9th Cir.) (792 F.3d 1173) (July 10, 2015) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Innocence Protection Act

U.S. v. Watson, No. 13-30084 (9th Cir.) (792 F.3d 1173) (July 10, 2015) (Judge Andrew J. Kleinfeld) by In 2004, Congress enacted the Innocence Protection Act (herein the “IPA”), which is codified in part at 18 U.S.C. § 3600, Essentially, the IPA allows Federal prisoners to move for court-ordered DNA …

U.S. v. Cosme, No. 14-1625-cr (2nd Cir.) (796 F.3d 226) (August 10, 2015) (Judge John M. Jr. Walker)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Cosme, No. 14-1625-cr (2nd Cir.) (796 F.3d 226) (August 10, 2015) (Judge John M. Jr. Walker) by This is another in a long string of cases in which Federal judges express concern about the Government’s seizure of assets at the commencement of criminal proceedings without any judicial finding …

U.S. v. Ramirez, No. 14-2145 (7th Cir.) (788 F.3d 732) (June 10, 2015) (Judge William J. Bauer)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Ramirez, No. 14-2145 (7th Cir.) (788 F.3d 732) (June 10, 2015) (Judge William J. Bauer) by In a decision that, to our recollection, is a first of its kind, the Seventh Circuit has finally put some concrete standards to the vague and virtually unmeasurable standards of the so-called …

U.S. v. Santos Flores, No. 15-10289 (9th Cir.) (794 F.3d 1088) (July 15, 2015) (Per Curiam)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists

U.S. v. Santos Flores, No. 15-10289 (9th Cir.) (794 F.3d 1088) (July 15, 2015) (Per Curiam) by This is a noteworthy decision dealing with the rights of criminal defendants charged with immigration offenses. Here, the Ninth Circuit held that a criminal defendant may not be denied bail simply because he …

U.S. v. Bollinger, No. 14-4086 (4th Cir.) (798 F.3d 201) (August 19, 2015) (Judge Roger L. Gregory)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, PROTECT Act

U.S. v. Bollinger, No. 14-4086 (4th Cir.) (798 F.3d 201) (August 19, 2015) (Judge Roger L. Gregory) by Larry Bollinger, an ordained Lutheran minister, moved to Haiti in 2004 with his wife to oversee a large ministry outside of Port Au Prince. The religious center included a school that served …

Obama v. Klayman, No. 14-5004 (D.C. Cir.) (800 F.3d 559) (August 28, 2015) (Per Curiam)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, NSA Domestic Spying Program

Obama v. Klayman, No. 14-5004 (D.C. Cir.) (800 F.3d 559) (August 28, 2015) (Per Curiam) by In his blistering 68-page ruling in Klayman v. Obama, 957 F.Supp.2d 1, 42 (D.D.C. Dec. 16, 2013) (“Klayman I”) (P&J, 01/20/14), District Judge Richard Leon described the NSA’s once secret, but massive, domestic spying …

U.S. v. Vanderwerff, No. 13-1227 (10th Cir.) (788 F.3d 1266) (June 10, 2015) (Judge Jerome A. Holmes)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, Improper Comment/Considerations

U.S. v. Vanderwerff, No. 13-1227 (10th Cir.) (788 F.3d 1266) (June 10, 2015) (Judge Jerome A. Holmes) by This is an interesting decision in which the Tenth Circuit wrote at length to attack the legal reasoning behind the district court’s rejection of a plea agreement on the grounds that it …

In Re: Application for Telephone Information, No. 15-XR-90304-HRL-1 (LHK) (N.D.Cal.) ( F.Supp.3d ) (July 29, 2015) (Judge Lucy H. Koh)