Search | Punch and Jurists

U.S. v. Erwin, No. 13-3407 (3rd Cir.) (765 F.3d 218) (August 26, 2014) (Judge Michael A. Chagares)

Article • September 8, 2014 • from P&J September, 2014

Filed under: Punch And Jurists

U.S. v. Erwin, No. 13-3407 (3rd Cir.) (765 F.3d 218) (August 26, 2014) (Judge Michael A. Chagares) by In this ominous decision, the Third Circuit created a new draconian remedy to deal with defendants who attempt to appeal some aspect of their sentence after agreeing in their plea agreements to …

Coggins v. County of Nassau, No. 07-CV-3624 (JFB)(AKT) (E.D.N.Y.) (988 F.Supp.2d 231) (December 2, 2013) (Judge Joseph F. Bianco)

Article • September 8, 2014 • from P&J September, 2014

Filed under: Punch And Jurists, Perjured Testimony

Coggins v. County of Nassau, No. 07-CV-3624 (JFB)(AKT) (E.D.N.Y.) (988 F.Supp.2d 231) (December 2, 2013) (Judge Joseph F. Bianco) by On August 26, 2014, Erwin Chemerinsky, the Dean of the Law School at the University of California, Irvine, published an Op-Ed in The New York Times entitled "How the Supreme …

U.S. v. Dautovic, No. 13-1493 (8th Cir.) (763 F.3d 927) (August 14, 2014) (Judge Roger L. Wollman)

Article • August 25, 2014 • from P&J August, 2014

Filed under: Punch And Jurists, Law Enforcement Discount

U.S. v. Dautovic, No. 13-1493 (8th Cir.) (763 F.3d 927) (August 14, 2014) (Judge Roger L. Wollman) by Law enforcement officials steadfastly deny that there is any sort of special break given to its personnel, either in the form of reduced charges or a sentencing discount, when any of its …

U.S. v. Hayes, No. 11-13678 (11th Cir.) ( F.3d ) (August 12, 2014) (Judge Adalberto Jose Jordan)

Article • August 25, 2014 • from P&J August, 2014

Filed under: Punch And Jurists, Invited Error Doctrine

U.S. v. Hayes, No. 11-13678 (11th Cir.) ( F.3d ) (August 12, 2014) (Judge Adalberto Jose Jordan) by In this white collar sentencing case, a divided panel from the Eleventh Circuit vacated, as substantively unreasonable, a sentence of probation (with a special condition of six to twelve months of home …

Terebesi v. Torreso, No. 12-3867 (2nd Cir.) (764 F.3d 217) (August 21, 2014) (Judge Robert D. Sack)

Article • August 25, 2014 • from P&J August, 2014

Filed under: Qualified Immunity, Punch And Jurists

Terebesi v. Torreso, No. 12-3867 (2nd Cir.) (764 F.3d 217) (August 21, 2014) (Judge Robert D. Sack) by The terrifying events in Ferguson, MO that have been playing out on national television for the past two weeks are emblematic of a new norm for local police forces - namely the …

U.S. v. Musgrave, No. 13-3872 (6th Cir.) (761 F.3d 602) (July 31, 2014) (Judge Julia Smith Gibbons)

Article • August 25, 2014 • from P&J August, 2014

Filed under: Punch And Jurists, Consequences of Sentence

U.S. v. Musgrave, No. 13-3872 (6th Cir.) (761 F.3d 602) (July 31, 2014) (Judge Julia Smith Gibbons) by Paul Musgrave, a certified public accountant, became involved in a tire-recycling venture known as Dayton International Tire Recycling with a man named Raymond Goldberg, who owned an Australian company called Rubber Solutions. …

Gericke v. Begin, No. 12-2326 (1st Cir.) (753 F.3d 1) (May 23, 2014) (Judge Kermit A. Lipez)

Article • August 25, 2014 • from P&J August, 2014

Filed under: Punch And Jurists

Gericke v. Begin, No. 12-2326 (1st Cir.) (753 F.3d 1) (May 23, 2014) (Judge Kermit A. Lipez) by This decision, written before the choke-hold arrest and subsequent death of Eric Garner in Staten Island, NY, and before the broad-daylight, six-bullet shooting of Michael Brown in Ferguson, MO, constitutes an important …

U.S. v. Erie County, NY, No. 13-3653-cv (2nd Cir.) (763 F.3d 235) (August 18, 2014) (Judge Guido Calabresi)

Article • August 25, 2014 • from P&J August, 2014

Filed under: Punch And Jurists, Judicial Documents

U.S. v. Erie County, NY, No. 13-3653-cv (2nd Cir.) (763 F.3d 235) (August 18, 2014) (Judge Guido Calabresi) by Here the Court reversed, on First Amendmernt grounds, a District Court order that denied the public access to compliance reports about progress made on remediating unconstitutional conditions of confinement at two …

Wollschlaeger v. Gov. of the State of Florida, No. 12-14009 (11th Cir.) ( F.3d ) (July 25, 2014) (Judge Gerald B. Tjoflat)

Article • August 11, 2014 • from P&J August, 2014

Filed under: Punch And Jurists

Wollschlaeger v. Gov. of the State of Florida, No. 12-14009 (11th Cir.) ( F.3d ) (July 25, 2014) (Judge Gerald B. Tjoflat) by In 2011, the Florida legislature rammed through a highly-controversial NRA-sponsored law known as the Firearms Owners’ Privacy Act (“FOPA”) which, among other things, contained four provisions which …

U.S. v. Grigsby, No. 13-3146 (10th Cir.) (749 F.3d 908) (April 15, 2014) (Judge Bobby R. Baldock)

Article • August 11, 2014 • from P&J August, 2014

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Grigsby, No. 13-3146 (10th Cir.) (749 F.3d 908) (April 15, 2014) (Judge Bobby R. Baldock) by Here the Court wrote in part: "In its December 2012 report, the Sentencing Commission observed that "[s]entencing in federal production cases has been less controversial than in non-production cases," perhaps because of …

Palmer v. District of Columbia, No. 1:09-CV-1482 (D.D.C.) (59 F.Supp.3d 173) (July 24, 2014) (Judge Frederick J. Jr. Scullin)

Article • August 11, 2014 • from P&J August, 2014

Filed under: Punch And Jurists

Palmer v. District of Columbia, No. 1:09-CV-1482 (D.D.C.) (59 F.Supp.3d 173) (July 24, 2014) (Judge Frederick J. Jr. Scullin) by

U.S. v. Castro-Verdugo, No. 13-50386 (9th Cir.) (750 F.3d 1065) (May 6, 2014) (Judge Susan P. Graber)

Article • August 11, 2014 • from P&J August, 2014

Filed under: Punch And Jurists

U.S. v. Castro-Verdugo, No. 13-50386 (9th Cir.) (750 F.3d 1065) (May 6, 2014) (Judge Susan P. Graber) by

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (767 F.3d 1) (July 14, 2014) (Judge Karen LeCraft Henderson)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Retroactivity, Punch And Jurists

Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (767 F.3d 1) (July 14, 2014) (Judge Karen LeCraft Henderson) by In a long-awaited decision about the authority of military commissions under the Military Commissions Act of 2006 (“MCA”), Pub. L. No. 109-336, 120 Stat. 2600, the D.C. Circuit, sitting en banc, vacated …

U.S. v. Kopstein, No. 13-417-cr (2nd Cir.) (759 F.3d 168) (July 21, 2014) (Judge Dennis G. Jacobs)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Punch And Jurists

U.S. v. Kopstein, No. 13-417-cr (2nd Cir.) (759 F.3d 168) (July 21, 2014) (Judge Dennis G. Jacobs) by This is an interesting (but highly fact-specific) decision in which a divided panel from the Second Circuit vacated a conviction for transporting and shipping child pornography on the grounds that the instructions …

Markadonatos v. Village of Woodridge,, No. 12-2619 (7th Cir.) ( F.3d ) (July 21, 2014) (Per Curiam)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Punch And Jurists

Markadonatos v. Village of Woodridge,, No. 12-2619 (7th Cir.) ( F.3d ) (July 21, 2014) (Per Curiam) by In Markadonatos v. Village of Woodridge, 739 F.3d 984 (7th Cir. Jan. 8, 2014) (“Markadonatos I”) (P&J, 06/02/14), a divided panel from the Seventh Circuit affirmed the dismissal of a putative class …

U.S. v. Flores-Mejia, No. 12-3149 (3rd Cir.) (759 F.3d 253) (July 16, 2014) (Judge Jane R. Roth)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Punch And Jurists, Preservation of Issues

U.S. v. Flores-Mejia, No. 12-3149 (3rd Cir.) (759 F.3d 253) (July 16, 2014) (Judge Jane R. Roth) by Overruling its decision in U.S. v. Sevilla, 541 F.3d 226 (3d Cir. Sept. 4, 2008), a divided Third Circuit, sitting en banc, held that a procedural error at sentencing is preserved only …

U.S. v. Dayi, No. Crim. No. JKB-13-0012 (D.Md.) (980 F.Supp.2d 682) (November 1, 2013) (Judge James K. Bredar)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Punch And Jurists, Non-Enforcement of Laws

U.S. v. Dayi, No. Crim. No. JKB-13-0012 (D.Md.) (980 F.Supp.2d 682) (November 1, 2013) (Judge James K. Bredar) by This is a significant sentencing decision in which Judge James Bredar discussed his reasons for imposing sentences that were significantly less than the advisory Sentencing Guideline range for marijuana-related offenses, based …

U.S. v. Sayer, No. 12-2489 (1st Cir.) (748 F.3d 425) (May 2, 2014) (Judge Sandra L. Lynch)

Article • July 28, 2014 • from P&J July, 2014

Filed under: Punch And Jurists, Cyberstalking

U.S. v. Sayer, No. 12-2489 (1st Cir.) (748 F.3d 425) (May 2, 2014) (Judge Sandra L. Lynch) by This is an interesting decision about a relatively new statute that is becoming increasingly popular with Federal prosecutors. Since 1996, Congress has enacted a number of Federal stalking laws, including the Federal …

Latif v. Holder, No. 3:10-cv-00750-BR (D.Or.) (28 F.Supp.3d 1134) (June 24, 2014) (Judge Anna J. Brown)

Article • July 7, 2014 • from P&J July, 2014

Filed under: Punch And Jurists, Grievance Procedures

Latif v. Holder, No. 3:10-cv-00750-BR (D.Or.) (28 F.Supp.3d 1134) (June 24, 2014) (Judge Anna J. Brown) by In Latif v. Holder, 686 F.3d 1122 (9th Cir. July 26, 2012) (“Latif I”) (P&J, 08/06/12), the Ninth Circuit vacated a ruling by District Judge Brown that had dismissed a Federal lawsuit brought …

Loughrin v. U.S., No. 13-316 (U.S. Supreme Court) (573 U.S. 351; 134 S.Ct. 2384) (June 23, 2014) (Justice Kagan)

Article • July 7, 2014 • from P&J July, 2014

Filed under: Punch And Jurists, Federal/State Conflicts

Loughrin v. U.S., No. 13-316 (U.S. Supreme Court) (573 U.S. 351; 134 S.Ct. 2384) (June 23, 2014) (Justice Kagan) by The Federal bank fraud statute, 18 U.S.C. § 1344, imposes a sentence of up to 30 years in prison for anyone who “knowingly executes, or attempts to execute, a scheme …