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U.S. v. Lanning, No. 12-4547 (4th Cir.) (723 F.3d 476) (July 19, 2013) (Judge James A. Jr. Wynn)
Article • October 21, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Obscene
U.S. v. Lanning, No. 12-4547 (4th Cir.) (723 F.3d 476) (July 19, 2013) (Judge James A. Jr. Wynn) by The opening paragraphs of this decision are all that one needs to understand the rank absurdity of this Federal prosecution in North Carolina that was specifically “designed to enable officers to …
U.S. v. Chandler, No. 12-30410 (5th Cir.) (732 F.3d 434) (October 4, 2013) (Judge James E. Jr. Graves)
Article • October 21, 2013 • from P&J October, 2013
Filed under: Punch And Jurists
U.S. v. Chandler, No. 12-30410 (5th Cir.) (732 F.3d 434) (October 4, 2013) (Judge James E. Jr. Graves) by When law enforcement officers commit a crime, they usually receive a “law enforcement discount” that gives them credit for having been part of the system. In this case, the Fifth Circuit …
U.S. v. Cortes, No. 12-50137 (9th Cir.) (732 F.3d 1078) (October 9, 2013) (Judge Barry G. Silverman)
Article • October 21, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Sentencing Entrapment
U.S. v. Cortes, No. 12-50137 (9th Cir.) (732 F.3d 1078) (October 9, 2013) (Judge Barry G. Silverman) by This is an important decision regarding sentencing entrapment, which, as the Court explained, occurs where “a defendant, although predisposed to commit a minor or lesser offense, is entrapped in committing a greater …
U.S. v. Reingold, No. 11-2826-cr (2nd Cir.) (731 F.3d 204) (September 26, 2013) (Judge Reena Raggi)
Article • October 7, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Child Pornography
U.S. v. Reingold, No. 11-2826-cr (2nd Cir.) (731 F.3d 204) (September 26, 2013) (Judge Reena Raggi) by U.S. v. Reingold, No. 11-2826-cr (2nd Cir. Sept. 26, 2013) (Judge Reena Raggi) U.S. v. C.R., No. 09-CR-155 (E.D.N.Y. Sept, 26, 2013) (Judge Jack Weinstein) In the December 16, 2011 issue of P&J, …
U.S. v. Lopez-Cruz, No. 11-50551 (9th Cir.) (730 F.3d 803) (September 12, 2013) (Judge Stephen Reinhardt)
Article • October 7, 2013 • from P&J October, 2013
Filed under: Punch And Jurists
U.S. v. Lopez-Cruz, No. 11-50551 (9th Cir.) (730 F.3d 803) (September 12, 2013) (Judge Stephen Reinhardt) by Andres Lopez-Cruz (“Lopez”) was stopped by border patrol agents on a highway near Jacumba, California, an area near the border with Mexico known for the smuggling of undocumented individuals. During the ensuing questioning, …
U.S. v. Berry, No. 11-2186 (10th Cir.) (717 F.3d 823) (June 26, 2013) (Judge Terrence L. O'Brien)
Article • October 7, 2013 • from P&J October, 2013
Filed under: Punch And Jurists
U.S. v. Berry, No. 11-2186 (10th Cir.) (717 F.3d 823) (June 26, 2013) (Judge Terrence L. O'Brien) by Norman Washington Berry, a commercial truck driver was stopped at the Gallup, New Mexico port of entry in his tractor-trailer. He told the authorities that he was transporting cantaloupe melons from Phoenix, …
U.S. v. C.R., No. 09-CR-155 (E.D.N.Y.) (972 F.Supp.2d 457) (September 26, 2013) (Judge Jack B. Weinstein)
Article • October 7, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Child Pornography
U.S. v. C.R., No. 09-CR-155 (E.D.N.Y.) (972 F.Supp.2d 457) (September 26, 2013) (Judge Jack B. Weinstein) by U.S. v. Reingold, No. 11-2826-cr (2nd Cir. Sept. 26, 2013) (Judge Reena Raggi) U.S. v. C.R., No. 09-CR-155 (E.D.N.Y. Sept, 26, 2013) (Judge Jack Weinstein) In the December 16, 2011 issue of P&J, …
U.S. v. McLaurin, No. 12-3514-cr (2nd Cir.) (731 F.3d 258) (October 3, 2013) (Judge Various)
Article • October 7, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Penile Plethysmograph Testing
U.S. v. McLaurin, No. 12-3514-cr (2nd Cir.) (731 F.3d 258) (October 3, 2013) (Judge Various) by This case addresses a controversial - but commonly used - special condition of supervised release that is regularly imposed on large numbers of convicted sex-offenders by the Federal courts - namely that the defendant …
In re: Pendleton, No. 12-3617 (3rd Cir.) ( F.3d ) (October 3, 2013) (Per Curiam)
Article • October 7, 2013 • from P&J October, 2013
Filed under: Punch And Jurists
In re: Pendleton, No. 12-3617 (3rd Cir.) ( F.3d ) (October 3, 2013) (Per Curiam) by Here the Court held that claims of three petitioners who sought relief from mandatory sentences of life in prison without the possibility of parole imposed when they were juveniles could proceed under the Supreme …
U.S. v. Berry, No. 11-2186 (10th Cir.) (717 F.3d 823) (June 26, 2013) (Judge Terrence L. O'Brien)
Article • October 7, 2013 • from P&J October, 2013
Filed under: Punch And Jurists, Commercial Truck Driver
U.S. v. Berry, No. 11-2186 (10th Cir.) (717 F.3d 823) (June 26, 2013) (Judge Terrence L. O'Brien) by We originally noted this decision in the 10/07/13 issue of P&J for a different issue - namely, the Court’s detailed discussion of the validity of the so-called “permitted inference” jury instruction, which …
U.S. v. Tavera, No. 11-6175 (6th Cir.) (719 F.3d 705) (May 1, 2013) (Judge Gilbert S. Merritt)
Article • September 23, 2013 • from P&J September, 2013
Filed under: Punch And Jurists
U.S. v. Tavera, No. 11-6175 (6th Cir.) (719 F.3d 705) (May 1, 2013) (Judge Gilbert S. Merritt) by The defendant in this case, Abel Tavera, was convicted by a jury of participating in a methamphetamine drug conspiracy; and he was sentenced to 186 months in prison. At the time of …
U.S. v. Engelmann, No. 12-1343 (8th Cir.) (720 F.3d 1005) (July 30, 2013) (Judge Bobby E. Shepherd)
Article • September 23, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, Case Agents
U.S. v. Engelmann, No. 12-1343 (8th Cir.) (720 F.3d 1005) (July 30, 2013) (Judge Bobby E. Shepherd) by n its prior decision in this case, reported at U.S. v. Engelmann, 701 F.3d 874 (8th Cir. Dec. 19, 2012) (P&J, 02/04/13),a divided panel from the Eighth Circuit held that the district …
U.S. v. Kriesel, No. 11-30197 (9th Cir.) (720 F.3d 1137) (June 28, 2013) (Judge Mary M. Schroeder)
Article • September 23, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, Rule 41(g)
U.S. v. Kriesel, No. 11-30197 (9th Cir.) (720 F.3d 1137) (June 28, 2013) (Judge Mary M. Schroeder) by This is a fascinating decision that addresses one aspect of the Government’s perpetual accretion of power at the expense of privacy rights - and the courts’ virtually automatic acceptance of such Governmental …
U.S. v. Hampton, No. 10-3074 (D.C. Cir.) (718 F.3d 978) (June 25, 2013) (Judge A. Raymond Randolph)
Article • September 23, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, Lay Opinion Testimony
U.S. v. Hampton, No. 10-3074 (D.C. Cir.) (718 F.3d 978) (June 25, 2013) (Judge A. Raymond Randolph) by Jerome Hampton was convicted by a jury of a drug conspiracy in a case in which the Government’s evidence consisted largely of wiretap interceptions and recordings from a listening device. In fact, …
U.S. v. Richards, No. 12-2790 (7th Cir.) (719 F.3d 746) (June 14, 2013) (Judge Joel L. Flaum)
Article • September 23, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, Propensity Evidence
U.S. v. Richards, No. 12-2790 (7th Cir.) (719 F.3d 746) (June 14, 2013) (Judge Joel L. Flaum) by This case is noted for its excellent and enlightening discussion of one of the most difficult to comprehend aspects of the use of “prior bad acts evidence” as set forth in Rule …
U.S. v. McQueen, No. 12-10840 (11th Cir.) (727 F.3d 1144) (August 22, 2013) (Judge Stanley Marcus)
Article • September 9, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, Law Enforcement Discount
U.S. v. McQueen, No. 12-10840 (11th Cir.) (727 F.3d 1144) (August 22, 2013) (Judge Stanley Marcus) by Alexander McQueen and Steven Dawkins were corrections officers at the South Florida Reception Center (“SFRC”), a state prison in Doral, FL. A Federal grand jury charged McQueen and another officer, Guruba Griffin, with …
U.S. v. Phillips, No. 11-3822 (7th Cir.) (731 F.3d 649) (September 4, 2013) (Judge Richard A. Posner)
Article • September 9, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, For the Purpose of Influencing
U.S. v. Phillips, No. 11-3822 (7th Cir.) (731 F.3d 649) (September 4, 2013) (Judge Richard A. Posner) by The defendants in this case, Lacey Phillips (a hairdresser) and Erin Hall (a barber) decided to buy a house together. They applied to Associated Bank for a mortgage loan; but it said …
U.S. v. Sedaghaty, No. 11-30342 (9th Cir.) (728 F.3d 885) (August 23, 2013) (Judge M. Margaret McKeown)
Article • September 9, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, Withholding Evidence
U.S. v. Sedaghaty, No. 11-30342 (9th Cir.) (728 F.3d 885) (August 23, 2013) (Judge M. Margaret McKeown) by From its outset, this case must have been a prosecutor’s fantasmagorical dream. As Judge McKeown described it, it was “a tax fraud case that was transformed into a trial on terrorism.” She …
U.S. v. Johnson, No. 12-3811 (6th Cir.) (2013 U.S. App. LEXIS 17266) (August 20, 2013) (Judge Damon J. Keith)
Article • September 9, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, Fair Sentencing Act of 2010
U.S. v. Johnson, No. 12-3811 (6th Cir.) (2013 U.S. App. LEXIS 17266) (August 20, 2013) (Judge Damon J. Keith) by [Editor's Note: As a matter of interest, this amended opinion was originally published as U.S. v. Johnson, No. 12-3811 (6th Cir. Aug. 20, 2013); and it was reported on Lexis …
U.S. v. Doe, No. XX-XXXX (6th Cir.) (731 F.3d 518) (August 27, 2013) (Judge Damon J. Keith)
Article • September 9, 2013 • from P&J September, 2013
Filed under: Punch And Jurists, Fair Sentencing Act of 2010
U.S. v. Doe, No. XX-XXXX (6th Cir.) (731 F.3d 518) (August 27, 2013) (Judge Damon J. Keith) by The Sixth Circuit continues to struggle to find ways to remedy the inequities created by the enactment of the Fair Sentencing Act of 2010 (“FSA”), which was passed “to restore fairness to …
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