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Riley v. California, No. 13-132 (U.S. Supreme Court) (573 U.S. ___; 134 S.Ct. 2473) (June 25, 2014) (Justice (John G.) Roberts)
Article • July 7, 2014 • from P&J July, 2014
Filed under: Punch And Jurists, Search Incident to Arrest
Riley v. California, No. 13-132 (U.S. Supreme Court) (573 U.S. ___; 134 S.Ct. 2473) (June 25, 2014) (Justice (John G.) Roberts) by In this landmark decision, the Supreme Court has finally resolved the ongoing debate about whether the police may, without a warrant, search the digital information stored on a …
U.S. v. Siegel, No. 13-1633 (7th Cir.) (753 F.3d 705) (May 29, 2014) (Judge Richard A. Posner)
Article • July 7, 2014 • from P&J July, 2014
Filed under: Punch And Jurists, Best Practices Guide
U.S. v. Siegel, No. 13-1633 (7th Cir.) (753 F.3d 705) (May 29, 2014) (Judge Richard A. Posner) by In this decision, the Seventh Circuit took issue with the disturbing practice of too many sentencing judges who tend to impose indiscriminate, vague and sometimes pointless discretionary conditions of supervised release that …
U.S. v. Mohamud, No. 3:10-CR-00475-KI-1 (D.Or.) ( F.Supp.2d ) (June 24, 2014) (Judge Garr M. King)
Article • July 7, 2014 • from P&J July, 2014
Filed under: Punch And Jurists, FISA Amendments Act of 2008
U.S. v. Mohamud, No. 3:10-CR-00475-KI-1 (D.Or.) ( F.Supp.2d ) (June 24, 2014) (Judge Garr M. King) by In 2010, Mohamed Mohamud, a Somali-born American citizen, was arrested after attempting to set off a car bomb at a Christmas tree lighting in Portland, OR. The bomb was actually a fake that …
U.S. v. Wooley, No. 12-31085 (5th Cir.) (740 F.3d 359) (January 21, 2014) (Judge James L. Dennis)
Article • July 7, 2014 • from P&J July, 2014
Filed under: Punch And Jurists, Tapia Error
U.S. v. Wooley, No. 12-31085 (5th Cir.) (740 F.3d 359) (January 21, 2014) (Judge James L. Dennis) by In this case, the Fifth Circuit held that the District Court (Judge Ivan Lemelle of the E.D.La.) had committed plain legal error when it sentenced the defendant, Corey Wooley, to an above-Guidelines …
U.S. v. Davis, No. 12-12928 (11th Cir.) (754 F.3d 1205) (June 11, 2014) (Judge David B. Sentelle)
Article • June 23, 2014 • from P&J June, 2014
Filed under: Punch And Jurists, Warrantless Searches
U.S. v. Davis, No. 12-12928 (11th Cir.) (754 F.3d 1205) (June 11, 2014) (Judge David B. Sentelle) by This is another in the growing tide of decisions dealing with the application of the Fourth Amendment to the warrantless interception of electronic data or sound waves carrying communications, an increasingly broad …
U.S. v. Payton, No. 13-1242 (6th Cir.) (754 F.3d 375) (June 12, 2014) (Judge Gilbert S. Merritt)
Article • June 23, 2014 • from P&J June, 2014
Filed under: Punch And Jurists, Failure to Consider
U.S. v. Payton, No. 13-1242 (6th Cir.) (754 F.3d 375) (June 12, 2014) (Judge Gilbert S. Merritt) by In another of a long line of brilliant and principled sentencing decisions, Judge Merritt concluded that an above-Guidelines 45 year sentence imposed on a 46 year old serial bank robber was excessive …
U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler)
Article • June 23, 2014 • from P&J June, 2014
Filed under: Punch And Jurists, Crimes of Violence/Violent Felony
U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler) by Perhaps no phrase used in the Guidelines has created more uncertainty and confusion than the term “crime of violence” - except possibly the term “relevant conduct.” And, as this decision clearly …
U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (753 F.3d 309) (June 3, 2014) (Judge O. Rogeriee Thompson)
Article • June 23, 2014 • from P&J June, 2014
Filed under: Punch And Jurists, Increased Sentence on Appeal/Remand
U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (753 F.3d 309) (June 3, 2014) (Judge O. Rogeriee Thompson) by This remarkable decision needs little explanation, and even less commentary, than the words of the judges themselves. Start with Judge Thompson’s opening words on behalf of himself and Judge Sandra Lynch: “Sometimes …
U.S. v. Ng, No. 12 CR 553 ILG (E.D.N.Y.) (973 F.Supp.2d 217) (September 25, 2013) (Judge I. Leo Glasser)
Article • June 23, 2014 • from P&J June, 2014
Filed under: Punch And Jurists, Mechanisms of Deceit
U.S. v. Ng, No. 12 CR 553 ILG (E.D.N.Y.) (973 F.Supp.2d 217) (September 25, 2013) (Judge I. Leo Glasser) by The Defendants in this case, Mr. and Mrs. Ng., owned and operated a driving school serving primarily Chinese immigrants. In addition to providing legitimate schooling to would be drivers, they …
Schmuck v. U.S., No. 87-6431 (U.S. Supreme Court) (489 U.S. 705; 109 S.Ct. 1443) (March 22, 1989) (Justice Blackmun)
Article • June 20, 2014
Filed under: Punch And Jurists, Incident to an Essential Part of the Scheme
Schmuck v. U.S., No. 87-6431 (U.S. Supreme Court) (489 U.S. 705; 109 S.Ct. 1443) (March 22, 1989) (Justice Blackmun) by In this case, the Court explained that the mail fraud statute (18 U.S.C. § 1341) was not "designed to reach all frauds, but only those limited instances in which the …
Schmuck v. U.S., No. 87-6431 (U.S. Supreme Court) (489 U.S. 705; 109 S.Ct. 1443) (March 22, 1989) (Justice Blackmun)
Article • June 20, 2014
Filed under: Punch And Jurists
Schmuck v. U.S., No. 87-6431 (U.S. Supreme Court) (489 U.S. 705; 109 S.Ct. 1443) (March 22, 1989) (Justice Blackmun) by In this case the Court held the offense of tampering with an odometer, in violation of 15 U.S.C. §§ 1984 and 1990c(a), is not a lesser included offense of mail …
Kansas v. Cheever, No. 12-609 (U.S. Supreme Court) (571 U.S. 87; 134 S.Ct. 596) (December 11, 2013) (Justice SoTtomayor)
Article • June 15, 2014
Filed under: Punch And Jurists, Rebuttal Testimony
Kansas v. Cheever, No. 12-609 (U.S. Supreme Court) (571 U.S. 87; 134 S.Ct. 596) (December 11, 2013) (Justice SoTtomayor) by Here the Court held that when a defense expert testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence for the limited …
U.S. v. Preston, No. 11-10511 (9th Cir.) (751 F.3d 1008) (May 12, 2014) (Judge Marsha L. Berzon)
Article • June 2, 2014 • from P&J June, 2014
Filed under: Punch And Jurists, Need for
U.S. v. Preston, No. 11-10511 (9th Cir.) (751 F.3d 1008) (May 12, 2014) (Judge Marsha L. Berzon) by On May 12, 2014, in a Memorandum to all U.S. Attorneys and various departments within the Justice Department, James M. Cole, Deputy Attorney General, announced that henceforth the F.B.I. and other federal …
Markadonatos v. Village of Woodridge, No. 12-2619 (7th Cir.) (739 F.3d 984) (January 8, 2014) (Judge Joseph P. Stadtmueller)
Article • June 2, 2014 • from P&J June, 2014
Filed under: Punch And Jurists
Markadonatos v. Village of Woodridge, No. 12-2619 (7th Cir.) (739 F.3d 984) (January 8, 2014) (Judge Joseph P. Stadtmueller) by The plaintiff in this case, Jerry Markadonatos, filed a putative civil rights class action, under 42 U.S.C. § 1983, against the Village of Woodridge, IL, claiming that the $30 “booking …
Thomas v. Holder, No. 12-5228 (D.C. Cir.) (750 F.3d 899) (May 6, 2014) (Judge David S. Tatel)
Article • June 2, 2014 • from P&J June, 2014
Filed under: Punch And Jurists, Constitutional Challenges
Thomas v. Holder, No. 12-5228 (D.C. Cir.) (750 F.3d 899) (May 6, 2014) (Judge David S. Tatel) by In this case, the appellant, Keith Thomas, an inmate in a California state prison, filed a petition for writ of mandamus in the district court, seeking to compel Attorney General Eric Holder …
U.S. v. Robers, No. 12-9012 (U.S. Supreme Court) (572 U.S. 639; 134 S.Ct. 1854) (May 5, 2014) (Justice Breyer)
Article • April 28, 2014 • from P&J June, 2014
Filed under: Punch And Jurists
U.S. v. Robers, No. 12-9012 (U.S. Supreme Court) (572 U.S. 639; 134 S.Ct. 1854) (May 5, 2014) (Justice Breyer) by This case involves the correct interpretation of a clumsy and abstruse provision of the Mandatory Victims Restitution Act of 1996 (MVRA) which provides that, in the case of a crime …
Kaley v. U.S., No. 12-464 (U.S. Supreme Court) (571 U.S. 320; 134 S.Ct. 1090) (February 25, 2014) (Justice Kagan)
Article • April 28, 2014 • from P&J March, 2014
Filed under: Punch And Jurists, Grand Jury Determination
Kaley v. U.S., No. 12-464 (U.S. Supreme Court) (571 U.S. 320; 134 S.Ct. 1090) (February 25, 2014) (Justice Kagan) by Among the vast arsenal of prosecutorial weapons that the Department of Justice has at its disposal, none are more fearsome nor more potent than the broad array of forfeiture statutes …
Plumhoff v. Rickard, No. 12-1117 (U.S. Supreme Court) (572 U.S. 765; 134 S.Ct. 2012) (May 27, 2014) (Justice Alito)
Article • April 28, 2014 • from P&J June, 2014
Filed under: Punch And Jurists
Plumhoff v. Rickard, No. 12-1117 (U.S. Supreme Court) (572 U.S. 765; 134 S.Ct. 2012) (May 27, 2014) (Justice Alito) by In 2007, the Supreme Court issued its seminal decision on police liability arising out of high-speed chases. It held that the police had not acted unconstitutionally when they tried to …
U.S. v. Freeman, No. 12-4636 (4th Cir.) (741 F.3d 426) (January 17, 2014) (Judge Stephanie Dawn Thacker)
Article • April 28, 2014 • from P&J April, 2014
Filed under: Punch And Jurists, Losses - Calculation of
U.S. v. Freeman, No. 12-4636 (4th Cir.) (741 F.3d 426) (January 17, 2014) (Judge Stephanie Dawn Thacker) by In 2010, Robert Freeman, who was also known as “Dr. Shine,” was indicted and charged with two counts of obstruction of an official proceeding, two counts of making false statements in a …
U.S. v. Benns, No. 12-51038 (5th Cir.) (740 F.3d 370) (January 21, 2014) (Judge James E. Jr. Graves)
Article • April 28, 2014 • from P&J April, 2014
Filed under: Punch And Jurists, Relevant Conduct
U.S. v. Benns, No. 12-51038 (5th Cir.) (740 F.3d 370) (January 21, 2014) (Judge James E. Jr. Graves) by The defendant in this case, Rikey Benns, was named in a one-count indictment charging him with making false statements relating to a credit application, in violation of 18 U.S.C. § 1014. …
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