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U.S. v. Hull, No. 17-1086 (10th Cir.) (893 F.3d 1221) (June 26, 2018) (Judge Michael R. Murphy)
Article • September 24, 2018 • from P&J September, 2018
Filed under: Punch And Jurists, Notification Conndition
U.S. v. Hull, No. 17-1086 (10th Cir.) (893 F.3d 1221) (June 26, 2018) (Judge Michael R. Murphy) by
U.S. v. Canfield, No. 17-2199 (7th Cir.) (893 F.3d 491) (June 25, 2018) (Judge John Z. Lee)
Article • September 24, 2018 • from P&J September, 2018
Filed under: Punch And Jurists, Notification Provision
U.S. v. Canfield, No. 17-2199 (7th Cir.) (893 F.3d 491) (June 25, 2018) (Judge John Z. Lee) by This decision addresses a challenge to the use of the Guidelines Standard Condition No. 12 set forth in U.S.S.G. § 5B1.3 - the so-called Notification Provision - a vague and frequently debated …
U.S. v. DeLeon, No. CR 15-4268 JB (D.N.M.) (308 F.Supp.3d 1229) (April 18, 2018) (Judge James R. Browning)
Article • September 24, 2018 • from P&J September, 2018
Filed under: Punch And Jurists
U.S. v. DeLeon, No. CR 15-4268 JB (D.N.M.) (308 F.Supp.3d 1229) (April 18, 2018) (Judge James R. Browning) by
U.S. v. Dharia, No. 14-CR-390 (E.D.N.Y.) (284 F.Supp.3d 262) (January 10, 2018) (Judge Jack B. Weinstein)
Article • September 24, 2018 • from P&J September, 2018
Filed under: Punch And Jurists
U.S. v. Dharia, No. 14-CR-390 (E.D.N.Y.) (284 F.Supp.3d 262) (January 10, 2018) (Judge Jack B. Weinstein) by
Brown, No. 15-3056 (D.C. Cir.) (892 F.3d 385) (June 15, 2018) (Per Curiam)
Article • August 20, 2018 • from P&J August, 2018
Filed under: Punch And Jurists, Constitutional Challenges
Brown, No. 15-3056 (D.C. Cir.) (892 F.3d 385) (June 15, 2018) (Per Curiam) by In this case, a panel from the D.C. Circuit affirmed the convictions of four defendants (three by jury trial and one by plea) for various crimes associated with the unlawful distribution of PCP; but the panel …
U.S. v. Shephard, No. 17-4148 (4th Cir.) (892 F.3d 666) (June 15, 2018) (Judge Albert Diaz)
Article • August 20, 2018 • from P&J August, 2018
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Shephard, No. 17-4148 (4th Cir.) (892 F.3d 666) (June 15, 2018) (Judge Albert Diaz) by Darra Lee Shephard conspired to defraud U.S. residents through a telemarketing sweepstakes scheme. From a call center in Costa Rica, Shephard and others would tell their unwitting victims that they had won a …
U.S. v. Lloyd, No. 16-3169-cr (2nd Cir.) (901 F.3d 111) (August 20, 2018) (Judge Susan L. Carney)
Article • August 20, 2018 • from P&J August, 2018
Filed under: Punch And Jurists, State of Mind
U.S. v. Lloyd, No. 16-3169-cr (2nd Cir.) (901 F.3d 111) (August 20, 2018) (Judge Susan L. Carney) by Our friend and colleague, Edward V. Sapone (see https://www.saponepetrillo.com/edward_sapone.html) recently published a summary of the captioned case in his weekly “Decisions of the Week” email, and since we could not improve upon …
Qassim v. Trump, No. 18-5148 (D.C. Cir.) ( F.3d ) (August 14, 2018) (Per Curiam)
Article • August 20, 2018 • from P&J August, 2018
Filed under: Punch And Jurists
Qassim v. Trump, No. 18-5148 (D.C. Cir.) ( F.3d ) (August 14, 2018) (Per Curiam) by
U.S. v. Hernamdez, No. 13-10428 (9th Cir.) ( F.3d ) (July 10, 2018) (Judge M. Margaret McKeown)
Article • August 20, 2018 • from P&J August, 2018
Filed under: Punch And Jurists
U.S. v. Hernamdez, No. 13-10428 (9th Cir.) ( F.3d ) (July 10, 2018) (Judge M. Margaret McKeown) by This is an interesting decision that is noted for two relatively unusual sentencing rulings: one that created an exceptionally broad definition of the word “distribution” for purposes of the two-level enhancement set …
U.S. v. Cota-Luna, No. 17-3692 (6th Cir.) (891 F.3d 639) (June 4, 2018) (Judge Eric L. Clay)
Article • August 20, 2018 • from P&J August, 2018
Filed under: Punch And Jurists, Type C Plea Agreement
U.S. v. Cota-Luna, No. 17-3692 (6th Cir.) (891 F.3d 639) (June 4, 2018) (Judge Eric L. Clay) by This is a rare case in which the Court held that the District Court (District Judge John R. Adams of the N.D.Ohio) had abused its discretion in rejecting a Type-C plea agreement …
U.S. v. Trotter, No. 15-cr-382 (E.D.N.Y.) (321 F.Supp.3d 337) (July 5, 2018) (Judge Jack B. Weinstein)
Article • July 16, 2018 • from P&J July, 2018
Filed under: Punch And Jurists, Imprisonment
U.S. v. Trotter, No. 15-cr-382 (E.D.N.Y.) (321 F.Supp.3d 337) (July 5, 2018) (Judge Jack B. Weinstein) by Once again, District Judge Jack Weinstein of the E.D.N.Y. has added to his huge legacy of memorable and prophetic sentencing decisions - this time with a brilliant treatise on, and a telling indictment …
U.S. v. Park, No. Crim. No. 16-cr-0009 (TSC) (D.D.C.) (279 F.Supp.3d 170) (February 28, 2018) (Judge Tanya S. Chutkin)
Article • July 16, 2018 • from P&J July, 2018
Filed under: Punch And Jurists, PROTECT Act
U.S. v. Park, No. Crim. No. 16-cr-0009 (TSC) (D.D.C.) (279 F.Supp.3d 170) (February 28, 2018) (Judge Tanya S. Chutkin) by Here Judge Chutkan a 2013 amendment to the PROTECT ACT, namely 18 U.S.C. § 2423(c), was unconstitutional under the Foreign Commerce Clause as applied to Defendants who temporarily or permanently …
U.S. v. Barnes, No. 17-7016 (10th Cir.) (890 F.3d 910) (May 16, 2018) (Judge Timothy M. Tymkovich)
Article • July 16, 2018 • from P&J July, 2018
Filed under: Punch And Jurists, Law Enforcement Discount
U.S. v. Barnes, No. 17-7016 (10th Cir.) (890 F.3d 910) (May 16, 2018) (Judge Timothy M. Tymkovich) by Here a divided panel affirmed extremely light sentences imposed on two former prison officials over a strong and thoughtful dissent by Judge Bacharach, who argued that the sentences were substantively unreasonable for …
U.S. v. Fleming, No. 17-3954 (6th Cir.) (894 F.3d 764) (June 29, 2018) (Judge John M. Rogers)
Article • July 16, 2018 • from P&J July, 2018
Filed under: Punch And Jurists, Media Reports
U.S. v. Fleming, No. 17-3954 (6th Cir.) (894 F.3d 764) (June 29, 2018) (Judge John M. Rogers) by Here the Court held that it was both procedural error and plain error for the judge to "surprise" the defendant and impose a huge upward variance based on a brief news article …
Young v. Hawaii, No. 12-17808 (9th Cir.) (896 F.3d 1044) (July 14, 2018) (Judge Diarmuid F. O'Scannlain)
Article • July 16, 2018 • from P&J July, 2018
Filed under: Punch And Jurists
Young v. Hawaii, No. 12-17808 (9th Cir.) (896 F.3d 1044) (July 14, 2018) (Judge Diarmuid F. O'Scannlain) by In Peruta v. County of San Diego, 742 F.3d 1144 (9th Cir. Fed. 13, 2014) (“Peruta I”)(P&J, 03-10-14), Judge O’Scannlain wrote the majority opinion for a sharply divided panel in which struck …
U.S. v. Barnes, No. 16-30203 (9th Cir.) (895 F.3d 1194) (July 19, 2018) (Judge Richard A. Paez)
Article • July 16, 2018 • from P&J July, 2018
Filed under: Punch And Jurists, Necessity Defense
U.S. v. Barnes, No. 16-30203 (9th Cir.) (895 F.3d 1194) (July 19, 2018) (Judge Richard A. Paez) by One of the several issues addressed in this case was the criteria for presenting a “necessity” defense in a trial for unlawful possession of a firearm by a felon in violation of …
https://www.nytimes.com/2018/06/06/nyregion/murder-confession-brady-rule.html, No. 490 (U.S. Supreme Court) (373 U.S. 83; 83 S.Ct. 1194) (May 13, 2063) (Justice Douglas)
Article • June 16, 2018
Filed under: Punch And Jurists, Exculpatory Evidence - Disclosure Obligations
https://www.nytimes.com/2018/06/06/nyregion/murder-confession-brady-rule.html, No. 490 (U.S. Supreme Court) (373 U.S. 83; 83 S.Ct. 1194) (May 13, 2063) (Justice Douglas) by In this case the Court held that the Due Process Clause imposes upon the prosecution an obligation to disclose "evidence favorable to the accused . . . where the evidence is material …
U.S. v. Swallow, No. 16-30224 (9th Cir.) (891 F.3d 1203) (June 11, 2018) (Judge Paul J. Watford)
Article • June 11, 2018 • from P&J June, 2018
Filed under: Punch And Jurists, Tennis Shoes
U.S. v. Swallow, No. 16-30224 (9th Cir.) (891 F.3d 1203) (June 11, 2018) (Judge Paul J. Watford) by In this case, the Ninth Circuit upheld the use of a four-level sentencing enhancement under U.S.S.G. § 2A2.2(b)(2)(B) for the use of a “dangerous weapon” - where the “dangerous weapon” at issue …
U.S. v. Vera, No. 16-50364 (9th Cir.) (893 F.3d 689) (June 25, 2018) (Judge John B. Owens)
Article • June 11, 2018 • from P&J June, 2018
Filed under: Punch And Jurists
U.S. v. Vera, No. 16-50364 (9th Cir.) (893 F.3d 689) (June 25, 2018) (Judge John B. Owens) by In this case, brothers Salvador and Armando Vera, along with 13 co-conspirators, were charged with conspiracy to distribute narcotics in violation of 21 U.S.C. §§ 841(a)(1) and 846. Each of the 13 …
Currier v. Virginia, No. 16-1348 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2144) (June 22, 2018) (Justice Gorsuch)
Article • June 11, 2018 • from P&J June, 2018
Filed under: Punch And Jurists, Waiver
Currier v. Virginia, No. 16-1348 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2144) (June 22, 2018) (Justice Gorsuch) by This is a complicated case that addressed some highly fact-specific issues that generated a sharp debate among the Justices about the reach of the protections of the Fifth Amendment’s Double …
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