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U.S. v. Torres, No. 09-1771-cr (2nd Cir.) (604 F.3d 58) (May 5, 2010) (Judge Amalya Lyle Kearse)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Torres, No. 09-1771-cr (2nd Cir.) (604 F.3d 58) (May 5, 2010) (Judge Amalya Lyle Kearse) by Defendant's drug conspiracy conviction is reversed where the trial evidence was insufficient to permit the jury to find beyond a reasonable doubt that he had knowledge that the purpose of the conspiracy …

U.S. v. Drachenberg, No. 09-3114-cr (2nd Cir.) (623 F.3d 122) (October 22, 2010) (Per Curiam)

Article • November 1, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Drachenberg, No. 09-3114-cr (2nd Cir.) (623 F.3d 122) (October 22, 2010) (Per Curiam) by Defendant's conviction for conspiracy to defraud the U.S. is affirmed where the U.S. government had jurisdiction to prosecute defendant in New York for actions taken in furtherance of a conspiracy to evade income taxes, …

U.S. v. Ruiz-Gaxiola, No. 08-10378 (9th Cir.) (623 F.3d 684) (September 24, 2010) (Judge Stephen Reinhardt)

Article • October 11, 2010 • from P&J October, 2010

Filed under: Punch And Jurists, Sell Factors

U.S. v. Ruiz-Gaxiola, No. 08-10378 (9th Cir.) (623 F.3d 684) (September 24, 2010) (Judge Stephen Reinhardt) by On at least three occasions in the past, the Supreme Court has made it clear that the Government is allowed to medicate a defendant involuntarily for the purpose of rendering him competent to …

Bensayah v. Obama, No. 08-5537 (D.C. Cir.) (610 F.3d 718) (June 28, 2010) (Judge Douglas Ginsburg)

Article • July 12, 2010 • from P&J July, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

Bensayah v. Obama, No. 08-5537 (D.C. Cir.) (610 F.3d 718) (June 28, 2010) (Judge Douglas Ginsburg) by Here the Court reversed a lower court ruling that had denied habeas relief to another Guantanamo detainee, after finding that the Government had changed its legal theories and had presented “no direct evidence” …

Abdah v. Obama, No. Civ. No. 04-1254 (HHK) (D.D.C.) (717 F.Supp.2d 21) (May 26, 2010) (Judge Henry H. Jr. Kennedy)

Article • June 28, 2010 • from P&J June, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

Abdah v. Obama, No. Civ. No. 04-1254 (HHK) (D.D.C.) (717 F.Supp.2d 21) (May 26, 2010) (Judge Henry H. Jr. Kennedy) by From its outset, the U.S. military prison at Guantanamo Bay, Cuba has created a political, moral, legal and public relations disaster for the United States. The justifications used to …

U.S. v. White, No. 09-7933 (4th Cir.) (620 F.3d 401) (September 22, 2010) (Judge Andre M. Davis)

Article • June 1, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Sell Factors

U.S. v. White, No. 09-7933 (4th Cir.) (620 F.3d 401) (September 22, 2010) (Judge Andre M. Davis) by Here a divided panel vacated an order to forcibly medicate a mentally ill inmate to make her competent to stand trial, saying the order “comes perilously close to a forcible medication regime …

U.S. v. Aguilar, No. 08-4640-cr (2nd Cir.) (585 F.3d 652) (November 5, 2009) (Judge Reena Raggi)

Article • December 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists, Murder/Felony Murder

U.S. v. Aguilar, No. 08-4640-cr (2nd Cir.) (585 F.3d 652) (November 5, 2009) (Judge Reena Raggi) by Defendant's drug-related murder conviction is affirmed where there was sufficient evidence demonstrating that defendant induced his drug associates to participate in the victim's murder through promises to forgive drug-related debts and to engage …

U.S. v. Rodriguez, No. 08-2805-cr (L) (2nd Cir.) (587 F.3d 573) (November 30, 2009) (Judge Jon O. Newman)

Article • November 1, 2009 • from P&J November, 2009

Filed under: Punch And Jurists, Alien Smuggling/Transportation

U.S. v. Rodriguez, No. 08-2805-cr (L) (2nd Cir.) (587 F.3d 573) (November 30, 2009) (Judge Jon O. Newman) by This is am interesting decision that speaks volumes about the Government’s consuming propensity to convert nearly every criminal statute into some “elastic, sprawling and pervasive offense whose development exemplifies . . …

U.S. v. Perez, No. 08-4131-cr(CON) (2nd Cir.) (575 F.3d 164) (August 3, 2009) (Judge Jon O. Newman)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Perez, No. 08-4131-cr(CON) (2nd Cir.) (575 F.3d 164) (August 3, 2009) (Judge Jon O. Newman) by Federal corrections officers' convictions for obstruction of justice and other crimes are affirmed where: 1) defendants' challenge to the sufficiency of the evidence was properly rejected as their actions were within the …

Al Rabiah v. U.S., No. 02-828 (CKK) (D.D.C.) (658 F.Supp.2d 11) (September 17, 2009) (Judge Coleen Kollar-Kotelly)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Sufficiency of Evidence

Al Rabiah v. U.S., No. 02-828 (CKK) (D.D.C.) (658 F.Supp.2d 11) (September 17, 2009) (Judge Coleen Kollar-Kotelly) by Here, finding that the Government’s evidence in support of Al Rabiah’s indefinite detention was “surprisingly bare” and that his alleged confessions of terrorism “defy belief,” the Court granted his petition for a …

U.S. v. Stall, No. 08-4064 (6th Cir.) (581 F.3d 276) (September 11, 2009) (Judge Danny J. Boggs)

Article • August 1, 2009 • from P&J August, 2009

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Stall, No. 08-4064 (6th Cir.) (581 F.3d 276) (September 11, 2009) (Judge Danny J. Boggs) by By now, there is little dispute that the Guidelines’ suggested sentencing ranges for child pornography offenses have become a major and hotly-contested battleground. The instant decision is another example of a Circuit …

Al-Adahi v. Obama, No. Civ. No. 05-280 (GK) (D.D.C.) (2009 U.S. Dist. LEXIS 75103) (August 21, 2009) (Judge Gladys Kessler)

Article • August 1, 2009 • from P&J August, 2009

Filed under: Punch And Jurists, Executive Detention

Al-Adahi v. Obama, No. Civ. No. 05-280 (GK) (D.D.C.) (2009 U.S. Dist. LEXIS 75103) (August 21, 2009) (Judge Gladys Kessler) by Judge Gladys Kessler held that the Government’s detention of Mohammed Al-Adahi, a Yemeni national, was unlawful and ordered the Government to take immediate steps to arrange for his release. …

Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (648 F.Supp.2d 1) (August 24, 2009) (Judge Coleen Kollar-Kotelly)

Article • August 1, 2009 • from P&J August, 2009

Filed under: Punch And Jurists, Sufficiency of Evidence

Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (648 F.Supp.2d 1) (August 24, 2009) (Judge Coleen Kollar-Kotelly) by Here, more than five years after the Supreme Court ruled (in Rasul v. Bush, 542 U.S. 466 (2004)) that Fawzi Khalid A.F. Al Odah had the right to challenge his …

U.S. v. Ness, No. 05-4401-cr (2nd Cir.) (565 F.3d 73) (May 8, 2009) (Judge Ralph K. Jr. Winter)

Article • June 1, 2009 • from P&J June, 2009

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Ness, No. 05-4401-cr (2nd Cir.) (565 F.3d 73) (May 8, 2009) (Judge Ralph K. Jr. Winter) by Conviction for conspiring to commit three money laundering offenses is reversed where: 1) a reasonable jury could not find beyond a reasonable doubt that the purpose of defendant's transportation of narcotics …

U.S. v. Josephberg, No. 07-3958-cr (2nd Cir.) (562 F.3d 478) (April 9, 2009) (Judge Amalya Lyle Kearse)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Josephberg, No. 07-3958-cr (2nd Cir.) (562 F.3d 478) (April 9, 2009) (Judge Amalya Lyle Kearse) by Conviction for tax offenses and health care fraud is affirmed where: 1) the government presented sufficient evidence to support defendant's conviction for income tax evasion and health care fraud; 2) defendant's conviction …

In re Terrrorist Bombings of U.S. Embassies In East Africa, No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 93) (November 24, 2008) (Judge Jose A. Cabranes)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

In re Terrrorist Bombings of U.S. Embassies In East Africa, No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 93) (November 24, 2008) (Judge Jose A. Cabranes) by In reTerrorist Bombings of U.S. Embassies in East Africa, No. 011535, 011550, 011553, 011571, 056149, 056704 (three decisions) Judgments of convictions for offenses arising …

Boumediene v. Bush, No. 04-1166 (RJL) (D.D.C.) (579 F.Supp.2d 191) (November 20, 2008) (Judge Richard J. Leon)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

Boumediene v. Bush, No. 04-1166 (RJL) (D.D.C.) (579 F.Supp.2d 191) (November 20, 2008) (Judge Richard J. Leon) by Here the Court ordered the release “forthwith” of five Bosnian prisoners being held at Guantanamo Bay, after concluding that the Government’s claim that they were terrorists rested on a single classified document …

U.S. v. Eppolito, No. 06-3280(L) (2nd Cir.) (543 F.3d 25) (September 17, 2008) (Judge Amalya Lyle Kearse)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Eppolito, No. 06-3280(L) (2nd Cir.) (543 F.3d 25) (September 17, 2008) (Judge Amalya Lyle Kearse) by A judgment of acquittal after conviction for racketeering conspiracy is reversed where: 1) given the level of generality at which the indictment alleged the principal purpose of the RICO enterprise, the evidence, …

U.S. v. Santos, No. 06-0833-cr (2nd Cir.) (541 F.3d 63) (September 2, 2008) (Judge Robert D. Sack)

Article • October 1, 2008 • from P&J October, 2008

Filed under: Punch And Jurists, Murder/Felony Murder

U.S. v. Santos, No. 06-0833-cr (2nd Cir.) (541 F.3d 63) (September 2, 2008) (Judge Robert D. Sack) by Conviction for murder while engaging in a drug offense is affirmed where: 1) because some drug conspiracies in violation of 21 U.S.C. § 846 are "punishable under" § 841(b)(1)(A), criminal liability under …

U.S. v. Ogando, No. 05-0236-cr (L) (2nd Cir.) (547 F.3d 102) (October 20, 2008) (Judge Guido Calabresi)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Ogando, No. 05-0236-cr (L) (2nd Cir.) (547 F.3d 102) (October 20, 2008) (Judge Guido Calabresi) by Here, after the defendant had completed serving his 30 month sentence for drug crimes, the Second Circuit vacated his four convictions finding that the evidence was insufficient "as a matter or law" …