Search | Punch and Jurists

U.S. v. Bahr, No. 12-30218 (9th Cir.) (730 F.3d 963) (September 16, 2013) (Judge Alfred T. Goodwin)

Article • December 23, 2013 • from P&J December, 2013

Filed under: Punch And Jurists

U.S. v. Bahr, No. 12-30218 (9th Cir.) (730 F.3d 963) (September 16, 2013) (Judge Alfred T. Goodwin) by In 2003, Richard Bahr was convicted of third degree rape in an Oregon state court. Upon his release to supervision, Bahr was required to complete an approved sex offender treatment program. The …

Ali v. Obama, No. 11-5102 (D.C. Cir.) ( F.3d ) (December 3, 2013) (Judge Brett M. Kavanaugh)

Article • December 23, 2013 • from P&J December, 2013

Filed under: Punch And Jurists, Authorization for the Use of Military Force (AUMF)

Ali v. Obama, No. 11-5102 (D.C. Cir.) ( F.3d ) (December 3, 2013) (Judge Brett M. Kavanaugh) by The steady pace of virtually automatic summary denials of habeas relief to any of the many detainees still held at the Guantanamo Bay Naval Base in Cuba is beginning to rattle even …

Ligon v. City of New York, No. 13-3123-cv (2nd Cir.) (736 F.3d 231) (November 22, 2013) (Per Curiam)

Article • December 23, 2013 • from P&J December, 2013

Filed under: Punch And Jurists

Ligon v. City of New York, No. 13-3123-cv (2nd Cir.) (736 F.3d 231) (November 22, 2013) (Per Curiam) by Ligon v. City of New York, No. 13-3123 (2nd Cir. Nov. 22, 2013) (Per Curiam Opinion) Ligon v. City of New York, No. 13-3123 (2nd Cir. Nov. 25, 2013) (Motion Order) …

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (732 F.3d 187) (October 22, 2013) (Judge Joseph A. Jr. Greenaway)

Article • December 23, 2013 • from P&J November, 2013

Filed under: Punch And Jurists, Probable Cause

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (732 F.3d 187) (October 22, 2013) (Judge Joseph A. Jr. Greenaway) by In U.S. v. Jones, 132 S. Ct. 945 (2012), the Supreme Court’s first major ruling on the warrantless use of GPS tracking devices, the Court unanimously held that attaching a GPS …

U.S. v. Davis, No. 11-2325-cr (2nd Cir.) (726 F.3d 357) (August 14, 2013) (Judge Jesse M. Furman)

Article • December 1, 2013 • from P&J August, 2013

Filed under: Punch And Jurists, Legislative Facts

U.S. v. Davis, No. 11-2325-cr (2nd Cir.) (726 F.3d 357) (August 14, 2013) (Judge Jesse M. Furman) by It’s not as if the Second Circuit has set some lofty standards in reversing criminal appeals. After all, over the past 13 years, it’s percentage of complete reversals of criminal convictions following …

McCoy v. U.S., No. 11-3457 (2nd Cir.) (707 F.3d 184) (January 30, 2012) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, Effective Assistance of Counsel

McCoy v. U.S., No. 11-3457 (2nd Cir.) (707 F.3d 184) (January 30, 2012) (Per Curiam) by Petition for writ of habeas corpus and appeal were properly denied, where: 1) petitioner's trial counsel's performance was not constitutionally defective for failing to challenge a second offender notice filed by the government because …

U.S. v. Desposito, No. 11-2634-cr (2nd Cir.) (704 F.3d 221) (January 11, 2013) (Judge Denny Chin)

Article • December 1, 2013

Filed under: Punch And Jurists

U.S. v. Desposito, No. 11-2634-cr (2nd Cir.) (704 F.3d 221) (January 11, 2013) (Judge Denny Chin) by In appeal of convictions for using fire to commit a felony under and attempting to obstruct an official proceeding, judgment is affirmed, where: 1) the evidence was sufficient to prove that defendant used …

U.S. v. Sessa, No. 11-611-cr (2nd Cir.) (711 F.3d 316) (March 29, 2013) (Judge Jon O. Newman)

Article • December 1, 2013

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Sessa, No. 11-611-cr (2nd Cir.) (711 F.3d 316) (March 29, 2013) (Judge Jon O. Newman) by In challenge to defendant's 1992 conviction for several crimes related to his participation in the Colombo organized crime family, based on his argument that the Government violated due process requirements by failing …

Winfield v. Trottier, No. 11-4404-cv (2nd Cir.) (710 F.3d 49) (March 6, 2013) (Judge Dennis G. Jacobs)

Article • December 1, 2013

Filed under: Punch And Jurists, Warrantless Searches

Winfield v. Trottier, No. 11-4404-cv (2nd Cir.) (710 F.3d 49) (March 6, 2013) (Judge Dennis G. Jacobs) by Denial of qualified immunity to defendant-officer in a 1983 action alleging defendant-officer violated plaintiff's Fourth Amendment rights when he read a piece of her mail while searching her car with her consent …

U.S. v. Walsh, No. 12-2383-cr (2nd Cir.) (712 F.3d 119) (April 2, 2013) (Judge Dennis G. Jacobs)

Article • December 1, 2013

Filed under: Punch And Jurists

U.S. v. Walsh, No. 12-2383-cr (2nd Cir.) (712 F.3d 119) (April 2, 2013) (Judge Dennis G. Jacobs) by Denial of criminal defendant's motion to release assets frozen in a parallel civil enforcement action is affirmed where the District Court properly applied the tracing analysis in US v. Banco Cafetero Panama, …

U.S. v. Desnoyerrs, No. 11-5194-cr (2nd Cir.) (708 F.3d 378) (February 14, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2013

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Desnoyerrs, No. 11-5194-cr (2nd Cir.) (708 F.3d 378) (February 14, 2012) (Judge Dennis G. Jacobs) by Sentence to five years’ probation and assessing $45,398 in restitution for offenses arising from his malfeasance as an air monitor for asbestos abatement projects is vacated and remanded for re-sentencing because the …

In the Matter of Immigration Petitions, No. 12-4096 (2nd Cir.) (702 F.3d 160) (October 16, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2013

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

In the Matter of Immigration Petitions, No. 12-4096 (2nd Cir.) (702 F.3d 160) (October 16, 2012) (Judge Dennis G. Jacobs) by In light of the numerous immigration cases in the 2nd Circuit Court that are actually or potentially subject to a future decision by the Government as to whether it …

U.S. v. Haynes, No. 12-626-cr (2nd Cir.) (729 F.3d 178) (September 5, 2013) (Judge John G. Koeltl)

Article • December 1, 2013 • from P&J September, 2013

Filed under: Punch And Jurists, Fundamentally Unfair

U.S. v. Haynes, No. 12-626-cr (2nd Cir.) (729 F.3d 178) (September 5, 2013) (Judge John G. Koeltl) by District Judge Mae D’Agostino of the N.D.N.Y. is a relative newcomer to the bench, having received her commission in March, 2011. We don’t know how many times she has presided over criminal …

Osterweil v. Bartlett, No. 11-2420-cv (2nd Cir.) (706 F.3d 139) (January 29, 2013) (Justice O'Connor)

Article • December 1, 2013

Filed under: Punch And Jurists

Osterweil v. Bartlett, No. 11-2420-cv (2nd Cir.) (706 F.3d 139) (January 29, 2013) (Justice O'Connor) by The following question is certified to the New York Court of Appeals: Is an applicant who owns a part-time residence in New York but makes his permanent domicile elsewhere eligible for a New York …

U.S. v. Nouri, No. 09-3627-cr(L) (2nd Cir.) (711 F.3d 129) (March 4, 2013) (Judge Pierre N. Leval)

Article • December 1, 2013

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Nouri, No. 09-3627-cr(L) (2nd Cir.) (711 F.3d 129) (March 4, 2013) (Judge Pierre N. Leval) by Convictions of securities fraud and related charges are affirmed, where: 1) the honest-services wire fraud jury instructions incorrectly stated the law because it did not require the jury to find that the …

U.S. v. Gomez, No. 10-1095-cr (2nd Cir.) (705 F.3d 68) (January 15, 2013) (Judge Amalya Lyle Kearse)

Article • December 1, 2013

Filed under: Punch And Jurists, Exclusion of Family Members at Trial

U.S. v. Gomez, No. 10-1095-cr (2nd Cir.) (705 F.3d 68) (January 15, 2013) (Judge Amalya Lyle Kearse) by In appeal of conviction of RICO and firearm offenses, judgment is affirmed, where: 1) there was no objection to the exclusion of defendant's family during the voir dire, and even if this …

U.S. v. Bryant, No. 11-5452-cr (2nd Cir.) (711 F.3d 364) (April 3, 2013) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists

U.S. v. Bryant, No. 11-5452-cr (2nd Cir.) (711 F.3d 364) (April 3, 2013) (Per Curiam) by Conviction of possession of a firearm in furtherance of a drug trafficking crime under 18 USC section 924(c) is affirmed, where: 1) 18 USC 924(c) is constitutional as applied; and 2) the Second Amendment …

Carroll v. County of Monroe, No. 12-975-cv (2nd Cir.) (712 F.3d 649) (March 12, 2013) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, No-Knock Warrants

Carroll v. County of Monroe, No. 12-975-cv (2nd Cir.) (712 F.3d 649) (March 12, 2013) (Per Curiam) by The district court did not err in denying plaintiff's motions to set aside the verdict, or for a new trial, because there were sufficient facts for a reasonable jury to conclude that …

U.S. v. Herrera, No. 11-2894 (7th Cir.) (704 F.3d 480) (January 9, 2013) (Judge Richard A. Posner)

Article • December 1, 2013

Filed under: Punch And Jurists, Latent Fingerprint Evidence

U.S. v. Herrera, No. 11-2894 (7th Cir.) (704 F.3d 480) (January 9, 2013) (Judge Richard A. Posner) by

U.S. v. Abdur-Rahman, No. 10-4814-cr (2nd Cir.) (708 F.3d 98) (February 15, 2013) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, Aggravated Identity Theft

U.S. v. Abdur-Rahman, No. 10-4814-cr (2nd Cir.) (708 F.3d 98) (February 15, 2013) (Per Curiam) by Health care fraud is a cognizable predicate felony for aggravated identity theft under 18 U.S.C. section 1028A(c)(5) because the parenthetical language "relating to mail, bank, and wire fraud" in the statute is not intended …