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Rosales-Mireles v. U.S., No. 16-9493 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 1897) (June 18, 2018) (Justice Sotomayor)
Article • June 11, 2018 • from P&J June, 2018
Filed under: Punch And Jurists, Rebuttable Presumption
Rosales-Mireles v. U.S., No. 16-9493 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 1897) (June 18, 2018) (Justice Sotomayor) by In this case, the Supreme Court addressed the scope of “plain error” review for unobjected-to Guidelines miscalculations at sentencing; and its decision announced some significant and far-reaching rules about determining …
Chavez-Meza v. U.S., No. 17-5639 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 1959) (June 28, 2018) (Justice Breyer)
Article • June 11, 2018 • from P&J June, 2018
Filed under: Punch And Jurists, Form AO-247
Chavez-Meza v. U.S., No. 17-5639 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 1959) (June 28, 2018) (Justice Breyer) by This is a strange and disappointing Guidelines sentencing decision that hopefully will soon be forgotten. It is strange because Justice Ginsburg was somehow persuaded to sign on to the majority’s …
Carpenter v. U.S., No. 16-402 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2206) (June 22, 2018) (Justice (John G.) Roberts)
Article • June 11, 2018 • from P&J June, 2018
Filed under: Punch And Jurists, Privacy Act/Rights
Carpenter v. U.S., No. 16-402 (U.S. Supreme Court) (585 U.S. ___; 138 S.Ct. 2206) (June 22, 2018) (Justice (John G.) Roberts) by As modern day technology continues to test the limits of many long-held constitutional precepts, the question before the Court in this case was whether the Government conducts a …
U.S. v. Harry, No. CR17-1017-LTS (N.D.Iowa) ( F.Supp.3d ) (June 6, 2018) (Judge Leonard T. Strand)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence
U.S. v. Harry, No. CR17-1017-LTS (N.D.Iowa) ( F.Supp.3d ) (June 6, 2018) (Judge Leonard T. Strand) by U.S. v. Nawanna, CR-17-4019 (N.D.Iowa May 1, 2018) (District Judge Mark Bennett) U.S. v. Harry, CR-17-1017 4019 (N.D.Iowa June 6, 2018) (District Judge Leonard Strand) In these two cases, different judges in the …
Lagos v. U.S., No. 16-1519 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1684) (May 29, 2018) (Justice Breyer)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Investigation Costs
Lagos v. U.S., No. 16-1519 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1684) (May 29, 2018) (Justice Breyer) by In this case, the Supreme Court addressed the following question: Does the Mandatory Victims Restitution Act, pursuant to 18 U.S.C. § 3663A(b)(4), cover costs that were neither “required nor requested” …
U.S. v. Nawanna, No. CR-17-4019-MWB (N.D.Iowa) ( F.Supp.3d ) (May 1, 2018) (Judge Mark W. Bennett)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence
U.S. v. Nawanna, No. CR-17-4019-MWB (N.D.Iowa) ( F.Supp.3d ) (May 1, 2018) (Judge Mark W. Bennett) by U.S. v. Nawanna, CR-17-4019 (N.D.Iowa May 1, 2018) (District Judge Mark Bennett) U.S. v. Harry, CR-17-1017 4019 (N.D.Iowa June 6, 2018) (District Judge Leonard Strand) In these two cases, different judges in the …
U.S. v. Russell, No. 1:16-cr-00396-GHW (S.D.N.Y.) ( F.Supp.3d ) (May 4, 2018) (Judge Gregory H. Woods)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists
U.S. v. Russell, No. 1:16-cr-00396-GHW (S.D.N.Y.) ( F.Supp.3d ) (May 4, 2018) (Judge Gregory H. Woods) by Here the Court granted a defense motion for a new trial after finding that the Government’s “inadvertent failure” to provide Jencks Act materials to defense counsel until after the trial was over did …
Koons v. U.S., No. 17-5716 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1783) (June 4, 2018) (Justice Alito)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Based on a sentencing range subsequently lowered by the Sentencing Commission
Koons v. U.S., No. 17-5716 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1783) (June 4, 2018) (Justice Alito) by In the Spring of 2014, the U.S. Sentencing Commission submitted to Congress its much ballyhooed sentence reduction program for drug trafficking offenders by changing how the base offense levels in …
Hughes v. U.S., No. 17-155 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1765) (June 4, 2018) (Justice Kennedy)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Type C Plea Agreement
Hughes v. U.S., No. 17-155 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1765) (June 4, 2018) (Justice Kennedy) by In 2013, Erik Hughes was indicted for conspiracy with intent to distribute at least 500 grams of methamphetamine and being a felon in possession of a firearm. Although Hughes’s Guideline …
Collins v. Virginia, No. 16-1027 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1663) (May 29, 2018) (Justice Sotomayor)
Article • May 28, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Automobile Exception
Collins v. Virginia, No. 16-1027 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1663) (May 29, 2018) (Justice Sotomayor) by This decision addressed a question at the intersection of two important components of the Supreme Court’s Fourth Amendment jurisprudence: the automobile exception to the warrant requirement and the protection extended …
Brady v. U.S., No. 270 (U.S. Supreme Court) (397 U.S. 742; 90 S.Ct. 1463) (May 4, 1970) (Justice White)
Article • May 8, 2018
Filed under: Punch And Jurists, Knowingly and Voluntarily Made
Brady v. U.S., No. 270 (U.S. Supreme Court) (397 U.S. 742; 90 S.Ct. 1463) (May 4, 1970) (Justice White) by In this case the court held that, because a guilty plea constitutes a waiver of three constitutional rights - the right to trial by jury, the right to confront one's …
Dahda v. U.S., No. 17-43 (U.S. Supreme Court) (582 U.S. ___; 138 S.Ct. 1491) (May 14, 2018) (Justice Breyer)
Article • May 7, 2018 • from P&J May, 2018
Filed under: Limitations, Punch And Jurists
Dahda v. U.S., No. 17-43 (U.S. Supreme Court) (582 U.S. ___; 138 S.Ct. 1491) (May 14, 2018) (Justice Breyer) by Here a unanimous Court declined to suppress a wiretap even though the district court issued a wiretap order that exceeded its powers under 18 U.S.C. § 2518(3) because none of …
U.S. v. Govey, No. SACR 17-00103-CJC (C.D.Cal.) (284 F.Supp.3d 1054) (March 1, 2018) (Judge Cormac J. Carney)
Article • May 7, 2018 • from P&J May, 2018
Filed under: Punch And Jurists
U.S. v. Govey, No. SACR 17-00103-CJC (C.D.Cal.) (284 F.Supp.3d 1054) (March 1, 2018) (Judge Cormac J. Carney) by Judge Carney’s opening words in this blunt and sometimes hard-to-believe decision underscore his patent anger at the “Government’s misconduct and [its] unwillingness to take responsibility for its actions”: “Due process demands that …
U.S. v. Metcalf, No. 16-4006 (8th Cir.) (881 F.3d 641) (February 2, 2018) (Judge Roger L. Wollman)
Article • May 7, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Thirteenth Amendment
U.S. v. Metcalf, No. 16-4006 (8th Cir.) (881 F.3d 641) (February 2, 2018) (Judge Roger L. Wollman) by A jury convicted Randy Joe Metcalf of committing a hate crime in violation of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18 U.S.C. § 249(a)(1) (the …
U.S. v. Henry, No. Crim. No. 17-216 (CKK) (D.D.C.) (280 F.Supp.3d 125) (December 1, 2017) (Judge Coleen Kollar-Kotelly)
Article • May 7, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Conditions of
U.S. v. Henry, No. Crim. No. 17-216 (CKK) (D.D.C.) (280 F.Supp.3d 125) (December 1, 2017) (Judge Coleen Kollar-Kotelly) by Here the Court granted bail in a drug case after concluding that the series of special release conditions imposed by the Magistrate Judge were sufficient to protect the safety interests of …
Byrd v. U,S., No. 16-1371 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1518) (May 14, 2018) (Justice Kennedy)
Article • May 7, 2018 • from P&J May, 2018
Filed under: Punch And Jurists, Privacy Right
Byrd v. U,S., No. 16-1371 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1518) (May 14, 2018) (Justice Kennedy) by In this case, the Supreme Court ruled that drivers of rental cars do not lose their constitutional right to privacy solely because they are not listed on the rental agreement. …
McCoy v. Louisiana, No. 16-8255 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1500) (May 14, 2018) (Justice Ginsburg)
Article • May 7, 2018 • from P&J May, 2018
Filed under: Punch And Jurists
McCoy v. Louisiana, No. 16-8255 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1500) (May 14, 2018) (Justice Ginsburg) by The issue before the Court in this case was whether it is unconstitutional to allow defense counsel to concede guilt over the defendant’s “intransigent” and “unambiguous” objection. And, in this …
U.S. v. Maturino, No. 17-10251 (5th Cir.) (887 F.3d 717) (April 12, 2018) (Judge Don R. Willett)
Article • April 16, 2018 • from P&J April, 2018
Filed under: Punch And Jurists, Fake Firearms
U.S. v. Maturino, No. 17-10251 (5th Cir.) (887 F.3d 717) (April 12, 2018) (Judge Don R. Willett) by Here affirmed the use of an eight level sentencing enhancement under U.S.S.G. § 2K2.1(b)(1)(D) for possession of at least 100 firearms (here, grenades), even though 143 of the 144 grenades at issue …
U.S. v. Sabean, No. 17-1484 (1st Cir.) (885 F.3d 27) (March 16, 2018) (Judge Bruce M. Selya)
Article • April 16, 2018 • from P&J April, 2018
Filed under: Punch And Jurists, State of Mind
U.S. v. Sabean, No. 17-1484 (1st Cir.) (885 F.3d 27) (March 16, 2018) (Judge Bruce M. Selya) by This decision addressed the disputed use of “other acts evidence” involving the defendant’s alleged sordid and incestuous relationship with his own daughter during a trial in which the defendant was charged with …
U.S. v. Misraje, No. 15-50543 (9th Cir.) (888 F.3d 1113) (April 30, 2018) (Judge John A. Jr. Woodcock)
Article • April 16, 2018 • from P&J April, 2018
Filed under: Punch And Jurists
U.S. v. Misraje, No. 15-50543 (9th Cir.) (888 F.3d 1113) (April 30, 2018) (Judge John A. Jr. Woodcock) by
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