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U.S. v. Stewart, No. Crim. No. 05-10062- WGY (D.Mass.) (468 F.Supp.2d 261) (January 8, 2007) (Judge William G. Young)

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

Filed under: Punch And Jurists, DNA Analysis Backlog Elimination Act

U.S. v. Stewart, No. Crim. No. 05-10062- WGY (D.Mass.) (468 F.Supp.2d 261) (January 8, 2007) (Judge William G. Young) by U.S. v. Stewart, 468 F.Supp.2d 261 (D.Mass. Jan. 8, 2007) (Judge Young) U.S. v. Reynard, 473 F.3d 1008 (9th Cir. Jan. 12, 2007) (Judge Pregerson) The DNA Analysis Backlog Elimination …

Taylor v. Lewis, No. 04-17517 (9th Cir.) (460 F.3d 1093) (August 15, 2006) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Three Strikes Law

Taylor v. Lewis, No. 04-17517 (9th Cir.) (460 F.3d 1093) (August 15, 2006) (Judge Diarmuid F. O'Scannlain) by Here the Ninth Circuit rejected a California inmate's 8th Amendment challenge to his 25-to-life three strikes sentence, which was imposed for possession of .036 grams of cocaine. The petitioner's prior strikes included …

U.S. v. Coleman, No. 05-1348 (3rd Cir.) (451 F.3d 154) (June 15, 2006) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Coleman, No. 05-1348 (3rd Cir.) (451 F.3d 154) (June 15, 2006) (Judge Thomas L. Ambro) by In this case, the Third Circuit undercut much of the legal arguments set forth in Judge Panner's outspoken and highly critical decision in U.S. v. Detwiler, 338 F. Supp. 2d 1166 (D. …

U.S. v. Williams, No. 04-15128 (11th Cir.) (444 F.3d 1286) (April 6, 2006) (Judge Thomas M. Reavley)

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

Filed under: Punch And Jurists, Pandering

U.S. v. Williams, No. 04-15128 (11th Cir.) (444 F.3d 1286) (April 6, 2006) (Judge Thomas M. Reavley) by The defendant in this case, Michael Williams, was caught in an Internet sting operation with a government agent; and he was charged with one count of promoting, or "pandering," material "in a …

Johnson v. Quander, No. 05-5156 (D.C. Cir.) (440 F.3d 489) (March 17, 2006) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Constitutional Challenges

Johnson v. Quander, No. 05-5156 (D.C. Cir.) (440 F.3d 489) (March 17, 2006) (Judge David B. Sentelle) by Here the D.C. Circuit joined with all the other Circuits that have ruled on the issue and held that the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. §§ 14135-14135e) is …

U.S. v. Grigg, No. 05-2484 (7th Cir.) (442 F.3d 560) (March 24, 2006) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Grigg, No. 05-2484 (7th Cir.) (442 F.3d 560) (March 24, 2006) (Judge Kenneth F. Ripple) by Here, joining with the Second and Tenth Circuits, the Seventh Circuit concluded that the Feeney Amendment violates the principles established in U.S. v. Booker, stating in part: "In reviewing § 3553(b)(2) in …

U.S. v. Angelos, No. 04-4282 (10th Cir.) (433 F.3d 738) (January 9, 2006) (Judge Mary Beck Briscoe)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Angelos, No. 04-4282 (10th Cir.) (433 F.3d 738) (January 9, 2006) (Judge Mary Beck Briscoe) by In November, 2004, Judge Paul Cassell of the D.Utah, an appointee of President Bush and a former law clerk to Justice Scalia, startled a lot of people when he questioned the wisdom …

U.S. v. Levy, No. 01-17133 (11th Cir.) (391 F.3d 1327) (December 3, 2004) (Per Curiam)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Levy, No. 01-17133 (11th Cir.) (391 F.3d 1327) (December 3, 2004) (Per Curiam) by

U.S. v. Huerta-Rodriguez, No. 8:93CR365 (D.Neb.) (355 F.Supp.2d 1019) (February 1, 2005) (Judge Joseph F. Bataillon)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Huerta-Rodriguez, No. 8:93CR365 (D.Neb.) (355 F.Supp.2d 1019) (February 1, 2005) (Judge Joseph F. Bataillon) by

U.S. v. O'Daniel, No. 02-CR-159-H (N.D.Okla.) (328 F.Supp.2d 1168) (August 6, 2004) (Judge Sven Erik Holmes)

Article • December 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. O'Daniel, No. 02-CR-159-H (N.D.Okla.) (328 F.Supp.2d 1168) (August 6, 2004) (Judge Sven Erik Holmes) by Following his entry of a guilty plea entered in accordance with Fed. R. Crim. P. 11, defendant appeared for sentencing. He challenged the application of the U.S. Sentencing Guidelines Manual to his case, …

U.S. v. Levy, No. 01-17133 (11th Cir.) (379 F.3d 1241) (August 3, 2004) (Per Curiam)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Levy, No. 01-17133 (11th Cir.) (379 F.3d 1241) (August 3, 2004) (Per Curiam) by After defendant's sentences were affirmed, he filed a petition for rehearing, seeking to raise a new sentencing issue based on newly decided case law. However, defendant's initial brief did not claim that he had …

U.S. v. Hilton, No. 03-1741 (1st Cir.) (386 F.3d 13) (September 27, 2004) (Per Curiam)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Hilton, No. 03-1741 (1st Cir.) (386 F.3d 13) (September 27, 2004) (Per Curiam) by In 1997, following a lawful search of his computer room, David Hilton was charged with a one-count violation of possession of visual depictions of what “appeared to be” children engaging in sexually explicit conduct, …

U.S. v. Angelos, No. 2:02-CR-00708PGC (D.Utah) (345 F.Supp.2d 1227) (November 16, 2004) (Judge Paul G. Cassell)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Angelos, No. 2:02-CR-00708PGC (D.Utah) (345 F.Supp.2d 1227) (November 16, 2004) (Judge Paul G. Cassell) by Since his appointment to the bench in May, 2002, Judge Cassell (a former law clerk to Justice Scalia) has cut a huge swath in judicial circles. He has already produced a series of …

U.S. v. King, No. 6:04-CR-35-ORL-31KRS (M.D.Fla.) (328 F.Supp.2d 1276) (July 19, 2004) (Judge Gregory A. Presnell)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. King, No. 6:04-CR-35-ORL-31KRS (M.D.Fla.) (328 F.Supp.2d 1276) (July 19, 2004) (Judge Gregory A. Presnell) by The instant sentencing memorandum opinion concerned the sentencing of two defendants, minor drug dealers, and was impacted by the United States Supreme Court's decision in Blakely v. Washington, 124 S. Ct. 2531 (2004). …

Garcia v. U.S., No. 04-CV-0465 (N.D.N.Y.) (2004 U.S. Dist. LEXIS 14984) (August 4, 2004) (Judge Thomas J. McAvoy)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Constitutional Challenges

Garcia v. U.S., No. 04-CV-0465 (N.D.N.Y.) (2004 U.S. Dist. LEXIS 14984) (August 4, 2004) (Judge Thomas J. McAvoy) by

U.S. v. Barre, No. 03-CR-306-B (D.Colo.) (313 F.Supp.2d 1086) (April 5, 2004) (Judge Lewis T. Babcock)

Article • June 1, 2004 • from P&J June, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Barre, No. 03-CR-306-B (D.Colo.) (313 F.Supp.2d 1086) (April 5, 2004) (Judge Lewis T. Babcock) by Defendant was indicted on one count of knowingly conducting, controlling, managing, supervising, directing, or owning all or part of an unlicensed money transmitting business, in violation of 18 U.S.C. §§ 2 and 1960(a) …

U.S. v. Schnepper, No. CR. 02-00062 ACK (D.Hawai'I) (302 F.Supp.2d 1170) (January 13, 2004) (Judge Alan Cooke Kay)

Article • April 1, 2004 • from P&J April, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Schnepper, No. CR. 02-00062 ACK (D.Hawai'I) (302 F.Supp.2d 1170) (January 13, 2004) (Judge Alan Cooke Kay) by This decision is noted for its discussion and rejection of three identical consolidated motions filed by defendants in three unrelated cases in Hawaii who, following their convictions for various crimes, challenged …

U.S. v. Bordon, No. 98-0427-CR-King (S.D.Fla.) (300 F.Supp.2d 1288) (January 23, 2004) (Judge James Lawrence King)

Article • January 1, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Bordon, No. 98-0427-CR-King (S.D.Fla.) (300 F.Supp.2d 1288) (January 23, 2004) (Judge James Lawrence King) by Here the Court rejected a series of constitutional challenges to the Feeney Amendment, including challenges that its retroactive use violates the ex post facto clause and that the new law violates the separation …

U.S. v. Mendoza, No. CR 03-730 DT (C.D.Cal.) (2004 U.S. Dist. LEXIS 1449) (January 12, 2004) (Judge Dickran M. Jr. Tevrizian)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Mendoza, No. CR 03-730 DT (C.D.Cal.) (2004 U.S. Dist. LEXIS 1449) (January 12, 2004) (Judge Dickran M. Jr. Tevrizian) by Here the court declared a portion of the Feeney Amendment unconstitutional on the grounds that the provisions of that law requiring a report be given to Congress of …

Lawrence v. Texas, No. 02-102 (U.S. Supreme Court) (539 U.S. 558; 123 S.Ct. 2472) (June 26, 2003) (Justice Kennedy)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Constitutional Challenges

Lawrence v. Texas, No. 02-102 (U.S. Supreme Court) (539 U.S. 558; 123 S.Ct. 2472) (June 26, 2003) (Justice Kennedy) by In a sweeping decision that effectively overturns similar criminal anti-sodomy laws in 13 states, the Supreme Court, by a surprising vote of 6 to 3, overturned a Texas "homosexual conduct" …