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U.S. v. Baines, No. 13-3284 (7th Cir.) (777 F.3d 959) (February 9, 2015) (Judge William J. Bauer)
Article • May 4, 2015 • from P&J May, 2015
Filed under: Punch And Jurists, Temporal Gap
U.S. v. Baines, No. 13-3284 (7th Cir.) (777 F.3d 959) (February 9, 2015) (Judge William J. Bauer) by In the early days following the effective date of the Guidelines, there were many constitutional challenges to different aspects of the Guidelines, none of which were more frequent nor more vocal than …
Rodriguez v. U.S., No. 13-9972 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1609) (April 21, 2015) (Justice Ginsburg)
Article • May 4, 2015 • from P&J May, 2015
Filed under: Punch And Jurists, Canine search
Rodriguez v. U.S., No. 13-9972 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1609) (April 21, 2015) (Justice Ginsburg) by One evening in 2012, shortly after midnight, a car being driven on a Nebraska State Highway by the petitioner, Dennys Rodriguez and carrying passenger Scott Pollman was stopped by a …
U.S. v. Fowlkes, No. 11-50273 (9th Cir.) (804 F.3d 954) (September 28, 2015) (Judge Kim McLane Wardlaw)
Article • May 1, 2015
Filed under: Punch And Jurists, Body Cavity
U.S. v. Fowlkes, No. 11-50273 (9th Cir.) (804 F.3d 954) (September 28, 2015) (Judge Kim McLane Wardlaw) by
U.S. v. Crisman, No. CR 11-2281 JB (D.N.M.) (39 F.Supp.3d 1189) (July 22, 2014) (Judge James R. Browning)
Article • April 13, 2015 • from P&J April, 2015
Filed under: Punch And Jurists, Butner Study Redux
U.S. v. Crisman, No. CR 11-2281 JB (D.N.M.) (39 F.Supp.3d 1189) (July 22, 2014) (Judge James R. Browning) by As far back as 2008, one of America’s most astute judges, District Judge Lynn Adelman of the E.D.Wisc., began to ring the clarion bell, raising significant and serious questions about the …
U.S. v. Hawkins, No. 08-4576 (4th Cir.) (776 F.3d 200) (January 13, 2015) (Judge G. Steven Agee)
Article • April 13, 2015 • from P&J April, 2015
Filed under: Punch And Jurists, Wholly Unrelated Charges
U.S. v. Hawkins, No. 08-4576 (4th Cir.) (776 F.3d 200) (January 13, 2015) (Judge G. Steven Agee) by Rule 8(a) of the Fed.R.Crim.P. provides as follows: “Joinder of Offenses. The indictment or information may charge a defendant in separate counts with 2 or more offenses if the offenses charged—whether felonies …
U.S. v. Coppenger, No. 13-3863 (6th Cir.) (775 F.3d 799) (January 7, 2015) (Judge David W. McKeague)
Article • April 13, 2015 • from P&J April, 2015
Filed under: Punch And Jurists
U.S. v. Coppenger, No. 13-3863 (6th Cir.) (775 F.3d 799) (January 7, 2015) (Judge David W. McKeague) by The defendant in this case, Jack Coppenger, Jr., pled guilty to conspiracy to commit mortgage fraud. Pursuant to the plea agreement, the Government agreed not to recommend a sentence in excess of …
U.S. v. Barta, No. 13-3208 (7th Cir.) ( F.3d ) (January 28, 2015) (Judge David F. Hamilton)
Article • April 13, 2015 • from P&J April, 2015
Filed under: Punch And Jurists, Insufficient Evidence
U.S. v. Barta, No. 13-3208 (7th Cir.) ( F.3d ) (January 28, 2015) (Judge David F. Hamilton) by In this case, the Defendant, James Barta, was charged and convicted of bribery based on an undercover government sting operation that evolved into an agreement among Barta and his co-defendants to bribe …
Does v. Snyder, No. 12-11194 (E.D.Mich.) (101 F.Supp.3d 672) (March 31, 2015) (Judge Robert H. Cleland)
Article • April 13, 2015 • from P&J April, 2015
Filed under: Punch And Jurists, Vagueness and Over-Breadth
Does v. Snyder, No. 12-11194 (E.D.Mich.) (101 F.Supp.3d 672) (March 31, 2015) (Judge Robert H. Cleland) by In this decision, Judge Cleland struck down as unconstitutional four separate provisions of Michigan’s recently amended Sex Offenders Registration Act ("SORA"). The ruling came in a lawsuit filed by the American Civil Liberties …
U.S. v. McElmurry, No. 12-50183 (9th Cir.) (776 F.3d 1061) (January 26, 2015) (Judge Andrew J. Kleinfeld)
Article • April 13, 2015 • from P&J February, 2015
Filed under: Punch And Jurists, Sex Crimes
U.S. v. McElmurry, No. 12-50183 (9th Cir.) (776 F.3d 1061) (January 26, 2015) (Judge Andrew J. Kleinfeld) by CASE SUMMARY OVERVIEW: HOLDINGS: [1]-Convicting defendant of possessing and distributing the same child pornography images did not amount to double jeopardy as neither possession nor distribution of child pornography was necessarily a …
U.S. v. Erwin, No. 13-3407 (3rd Cir.) (779 F.3d 620) (December 31, 2014) (Judge Michael A. Chagares)
Article • March 23, 2015 • from P&J March, 2015
Filed under: Punch And Jurists
U.S. v. Erwin, No. 13-3407 (3rd Cir.) (779 F.3d 620) (December 31, 2014) (Judge Michael A. Chagares) by In the 09/08/14 issue of P&J, we noted a remarkable and ominous panel decision from the Third Circuit in which the Court created a new draconian remedy to deal with defendants who …
U.S. v. Robinson, No. 13-2308 (6th Cir.) (778 F.3d 515) (February 18, 2015) (Judge Eric L. Clay)
Article • March 23, 2015 • from P&J March, 2015
Filed under: Punch And Jurists, Substantively Unreasonable
U.S. v. Robinson, No. 13-2308 (6th Cir.) (778 F.3d 515) (February 18, 2015) (Judge Eric L. Clay) by The debate over what is an appropriate sentence for the possession of child pornography continues to rage in the courts. And, while most of the child porn sentencing decisions involve a discussion …
U.S. v. Foreste, No. 13-4880 (2nd Cir.) (780 F.3d 518) (March 11, 2015) (Judge Richard C. Wesley)
Article • March 23, 2015 • from P&J March, 2015
Filed under: Punch And Jurists, Past Field Performance Records
U.S. v. Foreste, No. 13-4880 (2nd Cir.) (780 F.3d 518) (March 11, 2015) (Judge Richard C. Wesley) by One of the several issues raised in this drug case was whether a defendant has a right to compel discovery of all the past field performance records of the drug-sniffing dog whose …
Whiteside v. U.S., No. 13-7152 (4th Cir.) (775 F.3d 180) (December 19, 2014) (Judge William W. Jr. Wilkinson)
Article • March 23, 2015 • from P&J March, 2015
Filed under: Punch And Jurists
Whiteside v. U.S., No. 13-7152 (4th Cir.) (775 F.3d 180) (December 19, 2014) (Judge William W. Jr. Wilkinson) by In the 04/14/14 issue of P&J, we noted that a sharply-divided panel from the Fourth Circuit had issued an opinion in which it addressed the question of whether a federal inmate …
U.S. v. Medina, No. 13-1936 (1st Cir.) (779 F.3d 55) (March 4, 2015) (Judge David J. Barron)
Article • March 23, 2015 • from P&J March, 2015
Filed under: Punch And Jurists, Penile Plethysmograph Testing
U.S. v. Medina, No. 13-1936 (1st Cir.) (779 F.3d 55) (March 4, 2015) (Judge David J. Barron) by In this case, the First Circuit addressed a series of errors made by the district court (the error-prone Judge Jose Antonio Fuste of the D. Puerto Rico) when it imposed a 20-year …
Reeves v. King, No. 13-3416 (8th Cir.) (774 F.3d 439) (December 16, 2013) (Judge Kermit Edward Bye)
Article • March 23, 2015 • from P&J March, 2015
Filed under: Punch And Jurists, Right Not To Be Labeled a Snitch
Reeves v. King, No. 13-3416 (8th Cir.) (774 F.3d 439) (December 16, 2013) (Judge Kermit Edward Bye) by This is an interesting prisoner’s rights case in which the plaintiff, Marvin Reeves, an inmate in an Arkansas state prison, brought a civil rights action, pursuant to 42 U.S.C. § 1983, against …
U.S. v. Winn, No. 14-cr-30169-NJR (S.D.Ill.) ( F.Supp.3d ) (February 9, 2015) (Judge Nancy J. Rosenstengel)
Article • March 2, 2015 • from P&J March, 2015
Filed under: Punch And Jurists, Cell-Phones
U.S. v. Winn, No. 14-cr-30169-NJR (S.D.Ill.) ( F.Supp.3d ) (February 9, 2015) (Judge Nancy J. Rosenstengel) by Matter of Black IPhone 4, 27 F.Supp.3d 74 (D.D.C. Mar. 11, 2014) (Magistrate Judge John Facciola) U.S. v. Winn, No. 14-CR-30168 (S.D.Ill. Feb. 9, 2015) (District Judge Nancy Rosenstengel) We have begun to …
Suarez v. Holder, No. 1:14-CV-968 (M.D.Pa.) ( F.Supp.3d ) (February 18, 2015) (Judge William W. Caldwell)
Article • March 2, 2015 • from P&J March, 2015
Filed under: Punch And Jurists, Felon in Possession Statute
Suarez v. Holder, No. 1:14-CV-968 (M.D.Pa.) ( F.Supp.3d ) (February 18, 2015) (Judge William W. Caldwell) by In District of Columbia v. Heller, 554 U.S., 570 (2008), the Supreme Court’s landmark decision on the scope of the Second Amendment, it wrote in part: “Like most rights, the right secured by …
Matter of Black Iphone 4, No. Magistrate Case No. 14-235 (JMF) (D.D.C.) (27 F.Supp.3d 74) (March 11, 2014) (Judge Magistrate)
Article • March 2, 2015 • from P&J March, 2015
Filed under: Punch And Jurists, Cell-Phones
Matter of Black Iphone 4, No. Magistrate Case No. 14-235 (JMF) (D.D.C.) (27 F.Supp.3d 74) (March 11, 2014) (Judge Magistrate) by Matter of Black IPhone 4, 27 F.Supp.3d 74 (D.D.C. Mar. 11, 2014) (Magistrate Judge John Facciola) U.S. v. Winn, No. 14-CR-30168 (S.D.Ill. Feb. 9, 2015) (District Judge Nancy Rosenstengel) …
Reid v. Donelan, No. 13-cv-30125-MAP (D.Mass.) (22 F.Supp.3d 84) (May 27, 2014) (Judge Michael A. Ponsor)
Article • March 2, 2015 • from P&J March, 2015
Filed under: Punch And Jurists, Right to Bail Hearing
Reid v. Donelan, No. 13-cv-30125-MAP (D.Mass.) (22 F.Supp.3d 84) (May 27, 2014) (Judge Michael A. Ponsor) by This case has become one of the few beacons of light in recent years involving the rights of immigrants caught up in America’s labyrinthine immigration system; and it involves the continuation of a …
U.S. v. Nieves-Velez, No. Crim. No. 10-244 (PG) (D.Puerto Rico) (28 F.Supp.3d 131) (June 26, 2014) (Judge Juan M. Perez-Gimenez)
Article • March 2, 2015 • from P&J March, 2015
Filed under: Punch And Jurists
U.S. v. Nieves-Velez, No. Crim. No. 10-244 (PG) (D.Puerto Rico) (28 F.Supp.3d 131) (June 26, 2014) (Judge Juan M. Perez-Gimenez) by This is a rare and interesting sentencing decision in which a Federal judge actually granted the defendant a downward departure based on “sentencing factor manipulation” - a factor that …
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