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Article • January 1, 2000 • from P&J January, 2000
U.S. v. Watts, No. CR 98-1123(ARR) (E.D.N.Y.) (72 F.Supp.2d 106) (September 3, 1999) (Judge Allyne R. Ross) by In this case Judge Ross granted a motion for acquittal to three defendants who had been convicted of various crimes arising out of the filing of an allegedly false residential loan application …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Rahman, No. 96-1044L (2nd Cir.) (189 F.3d 88) (August 16, 1999) (Per Curiam) by In the aftermath of the World Trade Center bombing case, the United States began a frenzied hunt for alleged terrorists with any connection to the actual bombers. Armed with the incredibly broad and subjective …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Hubbell, No. Crim. No. 98-0394 (JR) (D.D.C.) (44 F.Supp.2d 1) (March 18, 1999) (Judge James Robertson) by In a decision that was quickly reversed by the D.C. Circuit, the district court held that an indictment for engaging in a scheme to conceal material facts from government agents was …
Article • April 1, 1999 • from P&J April, 1999
U.S. v. Velastegui, No. 98 CR 965 (SAS) (S.D.N.Y.) (56 F.Supp.2d 313) (April 30, 1999) (Judge Shira A. Scheindlin) by Here the Court dismissed two money transmitting counts under 18 USC § 1960 on the grounds that the underlying State statute was unclear and therefore both the rule of lenity …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Dorsey, No. 98-5250 (3rd Cir.) (166 F.3d 558) (January 29, 1999) (Judge William W. Caldwell) by "QUOTE OF THE WEEK - The hodgepodge of conflicting, contradictory and imprecise Federal criminal statutes. "Criminal statutes are enacted at different times, in different moral and penological climates, and in response to …
Article • February 1, 1999 • from P&J February, 1999
Rios v. Wiley, No. 1:CV-98-1507 (M.D.Pa.) (29 F.Supp.2d 232) (December 8, 1998) (Judge William W. Caldwell) by Quote from Judge Posner in which he criticized the maze of conflicting, contradictory and imprecise Federal criminal statutes that now number more than 10,000. QUOTE OF THE WEEK - The hodgepodge of conflicting, …
Article • December 1, 1998 • from P&J December, 1998
U.S. v. Hsia, No. Crim. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 33) (September 10, 1998) (Judge Paul L. Friedman) by Among its many reasons for dismissing various counts alleging false statements in violation of 18 U.S.C. §§ 1001 and 2(b), Judge Friedman made the following observations: "To recite the bare factual allegations …
Article • December 1, 1998 • from P&J December, 1998
U.S. v. Trie, No. CR. 98-1129-1(PLF) (D.D.C.) (23 F.Supp.2d 55) (October 9, 1998) (Judge Paul L. Friedman) by In this Federal Election Law case Judge Friedman agreed to dismiss various counts involving 18 USC § 1001 on the grounds that the indictment was overly broad and vague, supported only by …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook) by QUOTE OF THE WEEK - Attorney Philip Howard noted, in his eye-opening book, The Death of Common Sense, that modern American laws and regulation have become so elaborate and technical that they …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes) by Quote from "The Death of Common Sense" which concludes that vague laws foster a culture of resistence. QUOTE OF THE WEEK - Attorney Philip Howard noted, in his eye-opening book, The Death …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Jackson, No. So. 97 CR 121(BSJ) (S.D.N.Y.) (986 F.Supp. 829) (December 15, 1997) (Judge Barbara S. Jones) by In this case the Court rejected a broad series of challenges that alleged the Federal Extortion Statutes were unconsitutionally overbroad.
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Reed, No. 96-3171 (10th Cir.) (114 F.3d 1067) (June 2, 1997) (Judge William J. Jr. Holloway) by The United States sought review of the dismissal, by the United States District Court, District of Kansas, of five counts of an indictment against defendant under 18 U.S.C.S. § 922(g), on …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Spy Factory, Inc., No. S1 95 cr 737 (SS) (S.D.N.Y.) (951 F.Supp. 450) (January 8, 1997) (Judge Sonia Sotomayor) by This case explores in depth two issues: whether the defendants were entitled to a change of venue and whether the criminal statutes involved (principally 18 U.S.C. § 2512, …
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