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J.S. v. T'Kach, No. 11-1287-pr (2nd Cir.) (714 F.3d 99) (April 10, 2013) (Judge Barrington D. Jr. Parker)
Article • December 1, 2013
Filed under: Punch And Jurists, Administrative Detention/Segregation
J.S. v. T'Kach, No. 11-1287-pr (2nd Cir.) (714 F.3d 99) (April 10, 2013) (Judge Barrington D. Jr. Parker) by Dismissal of action challenging plaintiff-prisoner's termination from the Justice's Department's Witness Security Program and subsequent confinement in a Segregated Housing Unit is: 1) affirmed in part as to the dismissal of …
Evans v. Fischer, No. 11-4418-pr (2nd Cir.) (712 F.3d 125) (April 3, 2013) (Judge Gerard E. Lynch)
Article • December 1, 2013
Filed under: Punch And Jurists
Evans v. Fischer, No. 11-4418-pr (2nd Cir.) (712 F.3d 125) (April 3, 2013) (Judge Gerard E. Lynch) by The grant of defendant's petition for habeas corpus is reversed, where the district court erred because the decision of the state court's affirmance of defendant's conviction, finding any state evidentiary error harmless …
U.S. v. Wilson, No. 11-5057-cr (2nd Cir.) (709 F.3d 84) (February 22, 2013) (Per Curiam)
Article • December 1, 2013
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Wilson, No. 11-5057-cr (2nd Cir.) (709 F.3d 84) (February 22, 2013) (Per Curiam) by Defendant's conviction on charges stemming from an identity theft scheme is: 1) reversed on the charge for using social security numbers that were assigned on the basis of false information because the government failed …
U.S. v. Dupree, No. 11-5115-cr (2nd Cir.) (706 F.3d 131) (January 28, 2013) (Judge Debra Ann Livingston)
Article • December 1, 2013
Filed under: Punch And Jurists, Prejudice - Potential for Undue
U.S. v. Dupree, No. 11-5115-cr (2nd Cir.) (706 F.3d 131) (January 28, 2013) (Judge Debra Ann Livingston) by State court temporary restraining order sought to be introduced by the government as evidence of defendant's state of mind is being offered for a non-hearsay purpose, and the district court erred in …
U.S. v. Robles, No. 12-631-cr (2nd Cir.) (709 F.3d 98) (March 1, 2013) (Per Curiam)
Article • December 1, 2013
Filed under: Punch And Jurists, Mandatory Minimums
U.S. v. Robles, No. 12-631-cr (2nd Cir.) (709 F.3d 98) (March 1, 2013) (Per Curiam) by Judgment of conviction imposing a sentence of thirty-five years' imprisonment, which included consecutive mandatory minimum terms of imprisonment of seven and twenty-five years for brandishing a firearm during two robberies under 18 USC 924(c), …
U.S. v. LaDeau, No. 12-6611 (8th Cir.) (734 F.3d 561) (November 4, 2013) (Judge Richard Allen Griffin)
Article • November 18, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Dismissal of Indictment
U.S. v. LaDeau, No. 12-6611 (8th Cir.) (734 F.3d 561) (November 4, 2013) (Judge Richard Allen Griffin) by This ruling may well be the most significant decision of the year involving prosecutorial vindictiveness arising out of the Government’s misuse of its charging powers - a practice that is far more …
U.S. v. Horob, No. 11-30119 (9th Cir.) (735 F.3d 866) (November 7, 2013) (Per Curiam)
Article • November 18, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Same Sentence on Remand
U.S. v. Horob, No. 11-30119 (9th Cir.) (735 F.3d 866) (November 7, 2013) (Per Curiam) by Todd Horob, a long-time livestock buyer and cattle rancher, was convicted of numerous crimes arising out of various schemes he concocted to cover huge losses that he incurred while speculating in cattle futures. The …
In re Motion of District Judge, No. 13-3123 (2nd Cir.) (736 F.3d 155) (November 13, 2013) (Per Curiam)
Article • November 18, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Appearance of Justice/Impartiality
In re Motion of District Judge, No. 13-3123 (2nd Cir.) (736 F.3d 155) (November 13, 2013) (Per Curiam) by Ligon v. City of New York, No. 13-3123 (2nd Cir. Oct. 31, 2013) (Per Curiam) In Re Reassignment of Cases, No. 13-3123 (2nd Cir. Nov. 13, 2013) (Per Curiam) In Re …
In re Reassignment of Cases, No. 13-3123 (2nd Cir.) (736 F.3d 118) (November 13, 2013) (Per Curiam)
Article • November 18, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Appearance of Justice/Impartiality
In re Reassignment of Cases, No. 13-3123 (2nd Cir.) (736 F.3d 118) (November 13, 2013) (Per Curiam) by Here, following its initial ruling on October 31st, the Court issued these two rulings in which it (a) attempted to explain more clearly the basis of its original ruling and (b) rejected …
U.S. v. Quinn, No. 11-1733 (3rd Cir.) (728 F.3d 243) (August 14, 2013) (Judge Thomas L. Ambro)
Article • November 18, 2013 • from P&J November, 2013
Filed under: Punch And Jurists
U.S. v. Quinn, No. 11-1733 (3rd Cir.) (728 F.3d 243) (August 14, 2013) (Judge Thomas L. Ambro) by In this case, the Third Circuit, sitting en banc, has finally abrogated its long-standing precedent in Government of the Virgin Islands v. Smith, 615 F.2d 964 (3d Cir. Feb, 5, 1980) and …
U.S. v. Clark, No. 12-3462 (3rd Cir.) (726 F.3d 496) (August 13, 2013) (Judge Michael A. Chagares)
Article • November 18, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Procedural Reasonableness
U.S. v. Clark, No. 12-3462 (3rd Cir.) (726 F.3d 496) (August 13, 2013) (Judge Michael A. Chagares) by In 2006, the defendant in this case, Justin Clark, pled guilty to a charge of possession of crack cocaine with intent to distribute; and he was sentenced to 120 months in prison, …
U.S. v. Scott, No. 12-3131 (8th Cir.) ( F.3d ) (October 22, 2013) (Judge William J. Riley)
Article • November 4, 2013 • from P&J November, 2015
Filed under: Punch And Jurists, Parsimony Principle or Clause
U.S. v. Scott, No. 12-3131 (8th Cir.) ( F.3d ) (October 22, 2013) (Judge William J. Riley) by In 18 U.S.C. § 3553(a), Congress directed that sentencing courts “shall impose a sentence sufficient, but not greater than necessary” to comply with the purposes set forth in paragraph (2) of that …
Ligon v. City of New York, No. 13-3123 (2nd Cir.) ( F.3d ) (October 31, 2013) (Per Curiam)
Article • November 4, 2013 • from P&J February, 2014
Filed under: Punch And Jurists
Ligon v. City of New York, No. 13-3123 (2nd Cir.) ( F.3d ) (October 31, 2013) (Per Curiam) by In a dramatic and rare public rebuke of a sitting judge, a panel from the Second Circuit granted a stay in the implementation of three rulings issued by District Judge Shira …
Moore v. Biter, No. 11-56846 (9th Cir.) (725 F.3d 1184) (August 7, 2013) (Judge Harry Pregerson)
Article • November 4, 2013 • from P&J November, 2013
Filed under: Punch And Jurists
Moore v. Biter, No. 11-56846 (9th Cir.) (725 F.3d 1184) (August 7, 2013) (Judge Harry Pregerson) by
Ligon v. City of New York, No. 13-3123 (2nd Cir.) ( F.3d ) (October 31, 2013) (Per Curiam)
Article • November 4, 2013 • from P&J November, 2013
Filed under: Punch And Jurists
Ligon v. City of New York, No. 13-3123 (2nd Cir.) ( F.3d ) (October 31, 2013) (Per Curiam) by Floyd v. City of New York, 2013 U.S. Dist. LEXIS 113271 (SAS) (S.D.N.Y. Aug. 12, 2013) (Judge Shira Scheindlin) (the “Liability Opinion”) (198 pages) Floyd v. City of New York, 2013 …
U.S. v. Black, No. 11-10036 (9th Cir.) (733 F.3d 294) (October 23, 2013) (Judge Raymond C. Fisher)
Article • November 4, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Quantity of Drugs
U.S. v. Black, No. 11-10036 (9th Cir.) (733 F.3d 294) (October 23, 2013) (Judge Raymond C. Fisher) by In the 10/21/13 issue of P&J, we noted an important sentencing entrapment case arising out of a reverse sting operation in which a panel from the Ninth Circuit held, for the first …
U.S. v. Ashurov, No. 12-2711 (3rd Cir.) (726 F.3d 395) (August 12, 2013) (Judge Julio M. Fuentes)
Article • November 4, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Requirement of an Oath
U.S. v. Ashurov, No. 12-2711 (3rd Cir.) (726 F.3d 395) (August 12, 2013) (Judge Julio M. Fuentes) by The defendant in this case, Zavkiberg Ashurov, a citizen of Tajikistan, entered the United States under a visitor's visa and subsequently sought to obtain an F-1 student visa that would permit him …
U.S. v. Ghailani, No. 11-320-cr (2nd Cir.) (733 F.3d 29) (October 24, 2013) (Judge Jose A. Cabranes)
Article • November 4, 2013 • from P&J November, 2013
Filed under: Punch And Jurists, Barker Factors
U.S. v. Ghailani, No. 11-320-cr (2nd Cir.) (733 F.3d 29) (October 24, 2013) (Judge Jose A. Cabranes) by On August 7, 1998, the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania were destroyed by truck bombs within minutes of each other. The bomb at the Embassy in Kenya …
U.S. v. Rodriguez, No. 11-15911 (11th Cir.) ( F.3d ) (October 16, 2013) (Judge Beverly B. Martin)
Article • October 21, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Number of Victims
U.S. v. Rodriguez, No. 11-15911 (11th Cir.) ( F.3d ) (October 16, 2013) (Judge Beverly B. Martin) by Manuel Rodriguez was convicted at trial of conspiracy to commit wire fraud and wire fraud in violation of 18 U.S.C. §§ 1348 and 1343. He was sentenced to 120 months in prison, …
U.S. v. Kupa, No. 11-CR-345 (E.D.N.Y.) (976 F.Supp.2d 417) (October 9, 2013) (Judge John Gleeson)
Article • October 21, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Coerced Plea Agreements
U.S. v. Kupa, No. 11-CR-345 (E.D.N.Y.) (976 F.Supp.2d 417) (October 9, 2013) (Judge John Gleeson) by In the August 26, 2013 issue of P&J, we noted a lengthy and scholarly decision by District Judge Mark Bennett of the N.D.Iowa which documented the Department of Justice’s (DOJ) arbitrary, capricious and “deeply …
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