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Hasbajrami v. U.S., No. 13-CV-6852 (E.D.N.Y.) (2014 U.S. Dist. LEXIS 140791) (October 2, 2014) (Judge John Gleeson)
Article • November 3, 2014 • from P&J November, 2014
Filed under: Punch And Jurists, FISA Amendments Act of 2008
Hasbajrami v. U.S., No. 13-CV-6852 (E.D.N.Y.) (2014 U.S. Dist. LEXIS 140791) (October 2, 2014) (Judge John Gleeson) by This is an important case of first impression about the Government’s disclosure obligations under two of the most frequently used anti-terrorism statutes, the Foreign Intelligence Surveillance Act of 1978 (“FISA”) and the …
U.S. v. Heredia, No. 12-50331 (9th Cir.) (768 F.3d 1220) (October 8, 2014) (Judge Kim McLane Wardlaw)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Type C Plea Agreement
U.S. v. Heredia, No. 12-50331 (9th Cir.) (768 F.3d 1220) (October 8, 2014) (Judge Kim McLane Wardlaw) by Not only is this decision an excellent, up-to-date survey of the state of the law involving the now well established practice of using “fast track” plea agreements in the prosecution of illegal …
U.S. v. Smith, No. 13-2728 (8th Cir.) (756 F.3d 1070) (June 27, 2014) (Judge William J. Riley)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Proof of Intentional Aiming of Laser Beam
U.S. v. Smith, No. 13-2728 (8th Cir.) (756 F.3d 1070) (June 27, 2014) (Judge William J. Riley) by This is an interesting case of first impression interpreting a suddenly trendy new criminal statute - namely 18 U.S.C. § 39A(a). That statute was enacted into law on Feb. 14, 2012 as …
U.S. v. Keele, No. 12-10551 (5th Cir.) (755 F.3d 752) (June 2, 2014) (Judge Carl E. Stewart)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Keele, No. 12-10551 (5th Cir.) (755 F.3d 752) (June 2, 2014) (Judge Carl E. Stewart) by The issue before the Court in this case was whether a general appeal waiver provision bars a challenge to a restitution order; and, in addressing that question, the Court noted that it …
U.S. v. $48,000 in U.S. Currency, No. 13-1902 (8th Cir.) (756 F.3d 650) (June 27, 2014) (Judge Kermit Edward Bye)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Speculation
U.S. v. $48,000 in U.S. Currency, No. 13-1902 (8th Cir.) (756 F.3d 650) (June 27, 2014) (Judge Kermit Edward Bye) by The Washington Post recently published a provocative and revealing series of Investigative Reports about the growing Robin-Hood-like practice of Federal, state and local law enforcement officials routinely stopping citizens …
U.S. v. Mallory, No. 13-2025 (3rd Cir.) (765 F.3d 373) (September 3, 2014) (Judge D. Michael Fisher)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Termination or Abatement of
U.S. v. Mallory, No. 13-2025 (3rd Cir.) (765 F.3d 373) (September 3, 2014) (Judge D. Michael Fisher) by The Court summarized the issue before it in this case as follows: “In nearly all circumstances, we require police officers to obtain a warrant supported by probable cause before engaging in a …
Lopez-Valenzuela v. Arpaio, No. 11-16487 (9th Cir.) (770 F.3d 772) (October 15, 2014) (Judge Raymond C. Fisher)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists
Lopez-Valenzuela v. Arpaio, No. 11-16487 (9th Cir.) (770 F.3d 772) (October 15, 2014) (Judge Raymond C. Fisher) by In 2006, during the height of anti-immigrant sentiment in the state, Arizona voters overwhelmingly approved an amendment to their state constitution known as Proposition 100, which mandated that Arizona state courts may …
U.S. v. St. Hill, No. 13-2097 (1st Cir.) ( F.3d ) (October 1, 2014) (Judge William J. Jr. Kayatta)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Uncharged Crimes and Acquitted Conduct
U.S. v. St. Hill, No. 13-2097 (1st Cir.) ( F.3d ) (October 1, 2014) (Judge William J. Jr. Kayatta) by Jones v. U.S., No. 13-10026 (U.S. Sup. Ct. Oct 14, 2014) (Per Curiam) U.S. v. St. Hill, No. 13-2097 (1st Cir. Oct. 1, 2014) (Judge William Kayatta) Both of these …
Mohamed v. Holder, No. 1:11-cv-50 (AJT/TRJ) (E.D.Va.) (995 F.Supp.2d 520) (January 22, 2014) (Judge Anthony J. Trenga)
Article • October 6, 2014 • from P&J October, 2014
Filed under: Punch And Jurists
Mohamed v. Holder, No. 1:11-cv-50 (AJT/TRJ) (E.D.Va.) (995 F.Supp.2d 520) (January 22, 2014) (Judge Anthony J. Trenga) by This is another of the growing number of cases challenging the Government’s No-Fly List. (See, e.g, Ibrahim v. Dept. of Homeland Security, 669 F.3d 983 (9th Cir. Feb. 8, 2012) (P&J, 04/30/2012); …
U.S. v. Smith, No. 13-1112 (10th Cir.) (756 F.3d 1179) (June 30, 2014) (Judge Neil M. Gorsuch)
Article • October 6, 2014 • from P&J February, 2015
Filed under: Punch And Jurists, Examination of
U.S. v. Smith, No. 13-1112 (10th Cir.) (756 F.3d 1179) (June 30, 2014) (Judge Neil M. Gorsuch) by Judge Gorsuch’s opening paragraphs of this decision fully framed the interesting sentencing question raised: “Must a sentencing court studiously ignore one of the most conspicuous facts about a defendant when deciding how …
U.S. v. Mackay, No. 13-10521 (5th Cir.) (757 F.3d 195) (June 26, 2014) (Judge Edward C. Prado)
Article • October 6, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Rule 36
U.S. v. Mackay, No. 13-10521 (5th Cir.) (757 F.3d 195) (June 26, 2014) (Judge Edward C. Prado) by In an era when some 96% of Federal criminal cases are resolved by guilty pleas rather than trials, the presentence report (“PSR”) has taken on outsized importance and, in many ways, has …
U.S. v. Dreyer, No. 13-30077 (9th Cir.) (767 F.3d 826) (September 12, 2014) (Judge Marsha L. Berzon)
Article • October 6, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Military Enforcement of Civilian Laws
U.S. v. Dreyer, No. 13-30077 (9th Cir.) (767 F.3d 826) (September 12, 2014) (Judge Marsha L. Berzon) by In this case, a divided panel from the Ninth Circuit held, for the very first time, that a widespread and sweeping investigation into online child pornography crimes in the State of Washington, …
U.S. v. Fowlkes, No. 11-50273 (9th Cir.) (770 F.3d 748) (August 25, 2014) (Judge Kim McLane Wardlaw)
Article • September 22, 2014 • from P&J September, 2014
Filed under: Punch And Jurists, Body Cavity
U.S. v. Fowlkes, No. 11-50273 (9th Cir.) (770 F.3d 748) (August 25, 2014) (Judge Kim McLane Wardlaw) by In this case, the defendant, Mark Tyrell Fowlkes, appealed his conviction for drug distribution and possession with intent to distribute, arguing principally that the forcible removal of drugs from his rectum by …
U.S. v. Hitselberger, No. 12-cr-231 (RC) (D.D.C.) (991 F.Supp.2d 101) (December 3, 2013) (Judge Rudolph Contreras)
Article • September 22, 2014 • from P&J September, 2014
Filed under: Punch And Jurists, Relating to the National Defense
U.S. v. Hitselberger, No. 12-cr-231 (RC) (D.D.C.) (991 F.Supp.2d 101) (December 3, 2013) (Judge Rudolph Contreras) by The Espionage Act of 1917 (herein the "Act") was enacted into law in 1917, shortly after the U.S. entry into World War I. It has since been amended numerous times over the years; …
U.S. v. Nora, No. 12-50485 (9th Cir.) (765 F.3d 1049) (August 28, 2014) (Judge Paul J. Watford)
Article • September 22, 2014 • from P&J September, 2014
Filed under: Punch And Jurists, SWAT Teams
U.S. v. Nora, No. 12-50485 (9th Cir.) (765 F.3d 1049) (August 28, 2014) (Judge Paul J. Watford) by This is an important Fourth Amendment decision, particularly in the modern-day era of heavily-armed SWAT team raids that seem to have become the norm. As the Court explained: “The issue raised by …
Payton v. New York, No. 78-5420 (U.S. Supreme Court) (445 U.S. 573; 100 S.Ct. 1371) (April 15, 1980) (Justice Stevens)
Article • September 20, 2014
Filed under: Punch And Jurists, Searches - Home/Curtilage
Payton v. New York, No. 78-5420 (U.S. Supreme Court) (445 U.S. 573; 100 S.Ct. 1371) (April 15, 1980) (Justice Stevens) by This seminal case on the Fourth Amendment held that the Fourth Amendment forbids arresting a suspect inside his home unless the police first obtain an arrest warrant or an …
U.S. v. Saafir, No. 13-4049 (4th Cir.) (754 F.3d 262) (June 11, 2014) (Per Curiam)
Article • September 8, 2014 • from P&J September, 2014
Filed under: Punch And Jurists, False Inducement
U.S. v. Saafir, No. 13-4049 (4th Cir.) (754 F.3d 262) (June 11, 2014) (Per Curiam) by Here, the Court held that a police officer’s false assertion to a driver that he had probable cause to search the car rendered the ensuing search unreasonable and fatally tainted the search of the …
U.S. v. Cole, No. 11-1232 (8th Cir.) (765 F.3d 884) (August 29, 2014) (Judge Bobby E. Shepherd)
Article • September 8, 2014 • from P&J September, 2014
Filed under: Punch And Jurists, Section 3553(a) Factors
U.S. v. Cole, No. 11-1232 (8th Cir.) (765 F.3d 884) (August 29, 2014) (Judge Bobby E. Shepherd) by A jury found Abby Rae Cole guilty of conspiracy to commit mail and wire fraud, tax evasion, and conspiracy to commit tax fraud. The district court (Judge Michael Davis of the D.Minn.) …
U.S. v. Miller, No. 13-3177 (6th Cir.) (767 F.3d 585) (August 27, 2014) (Judge Jeffrey S. Sutton)
Article • September 8, 2014 • from P&J September, 2014
Filed under: Punch And Jurists
U.S. v. Miller, No. 13-3177 (6th Cir.) (767 F.3d 585) (August 27, 2014) (Judge Jeffrey S. Sutton) by This is the first appellate case involving a religious hate crime under The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 (18 U.S.C. § 249) (herein the “Act” …
Colwell v. Bannister, No. 12-15844 (9th Cir.) (763 F.3d 1060) (August 14, 2014) (Judge Barry G. Silverman)
Article • September 8, 2014 • from P&J September, 2014
Filed under: Punch And Jurists, Cataract Operation
Colwell v. Bannister, No. 12-15844 (9th Cir.) (763 F.3d 1060) (August 14, 2014) (Judge Barry G. Silverman) by Here, a divided panel held that a Nevada administrative prison policy of denying prisoners medically recommended cataract surgery, based solely on the premise that “one-eye-Is-enough,” constitutes the “paradigm of deliberate indifference”. In …
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