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U.S. v. Juan, No. 11-10539 (9th Cir.) (704 F.3d 1137) (January 7, 2013) (Judge Milan D. Jr. Smith)

Article • January 18, 2013 • from P&J January, 2013

Filed under: Due Process, Punch And Jurists

U.S. v. Juan, No. 11-10539 (9th Cir.) (704 F.3d 1137) (January 7, 2013) (Judge Milan D. Jr. Smith) by It has long been clear that, if the Government threatens a defense witness with perjury, such intimidation is usually deemed to be a due process violation. (See, e.g., Webb v. Texas, …

Ligon v. City of New York, No. 12 Civ. 2274 (S.D.N.Y.) (925 F.Supp.2d 478) (January 8, 2013) (Judge Shira A. Scheindlin)

Article • January 18, 2013 • from P&J January, 2013

Filed under: Punch And Jurists

Ligon v. City of New York, No. 12 Civ. 2274 (S.D.N.Y.) (925 F.Supp.2d 478) (January 8, 2013) (Judge Shira A. Scheindlin) by In this 157-page decision, District Judge Shira Scheindlin addressed one of the several variations of the “stop and frisk” program routinely carried out by the New York City …

Mousovi v. Obama, No. Cic. No. 05-1124 (RMC) (D.D.C.) ( F.Supp.2d ) (January 9, 2013) (Judge Rosemary M. Collyer)

Article • January 18, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Availability to Defense

Mousovi v. Obama, No. Cic. No. 05-1124 (RMC) (D.D.C.) ( F.Supp.2d ) (January 9, 2013) (Judge Rosemary M. Collyer) by Not long after the 9/11 attacks, the Bush Administration established the Guantanamo Bay Detention Center at the U.S. Naval Base in Cuba to hold the detainees it suspected of being …

Swartz v. Insogna, No. 11-2846-cv (2nd Cir.) (704 F.3d 105) (January 3, 2013) (Judge Jon O. Newman)

Article • January 7, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Immunity

Swartz v. Insogna, No. 11-2846-cv (2nd Cir.) (704 F.3d 105) (January 3, 2013) (Judge Jon O. Newman) by In a decision that will undoubtedly infuriate a lot of law enforcement officers throughout the U.S., the Second Circuit held in the instant case that a Federal district judge erred in dismissing …

U.S. v. Kelly, No. Cr. No. 11-1866 BB (D.N.M.) (868 F.Supp.2d 1202) (June 20, 2012) (Judge Bruce D. Black)

Article • January 7, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Child Pornography

U.S. v. Kelly, No. Cr. No. 11-1866 BB (D.N.M.) (868 F.Supp.2d 1202) (June 20, 2012) (Judge Bruce D. Black) by This case is noted for its brilliant and comprehensive analysis of one of the most frequently used, but most contentious, provisions of the Guidelines dealing with the receipt of child …

The New York Times v. U.S. Dept. of Justice, No. 11 Civ. 9336 (CM) (S.D.N.Y.) (915 F.Supp.2d 508) (January 2, 2013) (Judge Colleen McMahon)

Article • January 7, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Executive Authority

The New York Times v. U.S. Dept. of Justice, No. 11 Civ. 9336 (CM) (S.D.N.Y.) (915 F.Supp.2d 508) (January 2, 2013) (Judge Colleen McMahon) by Here, citing a "thicket of laws and precedents," the Court denied a FOIA request to disclose the legal justification for the targeted killing of a …

U.S. v. Green, No. 11cr0938 JM (S.D.Cal.) (857 F.Supp.2d 1015) (April 25, 2012) (Judge Jeffrey T. Miller)

Article • January 7, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Motion to Quash

U.S. v. Green, No. 11cr0938 JM (S.D.Cal.) (857 F.Supp.2d 1015) (April 25, 2012) (Judge Jeffrey T. Miller) by Here the Court granted a motion by AOL to quash a subpoena it received from a defendant charged who was charged with the receipt of child pornography, after concluding that the information …

U.S. v. Mustafa, No. 11-3556 (8th Cir.) (695 F.3d 860) (September 24, 2012) (Per Curiam)

Article • January 7, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Preponderance of the Evidence Standard

U.S. v. Mustafa, No. 11-3556 (8th Cir.) (695 F.3d 860) (September 24, 2012) (Per Curiam) by Back in 1991, the Sentencing Commission adopted a new and highly contentious rule of evidence that would henceforth govern all sentencing hearings. With little debate, the Commission announced the adoption of Guideline Amendment No. …

Moore v. Madigan, No. 12-1788 (7th Cir.) (702 F.3d 933) (December 11, 2012) (Judge Richard A. Posner)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists

Moore v. Madigan, No. 12-1788 (7th Cir.) (702 F.3d 933) (December 11, 2012) (Judge Richard A. Posner) by This is an important gun rights case that could portend a dramatic change in the direction of the ongoing debate over the scope and meaning of the Second Amendment’s right “to keep …

U.S. v. Duenas, No. 09-10492 (9th Cir.) (691 F.3d 1070) (August 16, 2012) (Judge Kim McLane Wardlaw)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Duenas, No. 09-10492 (9th Cir.) (691 F.3d 1070) (August 16, 2012) (Judge Kim McLane Wardlaw) by This decision recalls some of the many great “Perp-Walk” decisions of the past, where courageous judges have sometimes taken strong stands against the odious and outrageous (but frequently repeated) practice of prosecutors …

Smith v. Bank of America Corp., No. 11-CV-6368 (E.D.N.Y.) (865 F.Supp.2d 298) (May 18, 2012) (Judge Jack B. Weinstein)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Conflicting Provisions

Smith v. Bank of America Corp., No. 11-CV-6368 (E.D.N.Y.) (865 F.Supp.2d 298) (May 18, 2012) (Judge Jack B. Weinstein) by This is an interesting decision by Judge Weinstein that addresses some of the often murky contours and legal consequences of New York’s Adjournment in Contemplation of Dismissal (ACD) program that …

U.S. v. Craig, No. 12-1262 (7th Cir.) (703 F.3d 1001) (December 18, 2012) (Per Curiam)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Child Pornography

U.S. v. Craig, No. 12-1262 (7th Cir.) (703 F.3d 1001) (December 18, 2012) (Per Curiam) by The defendant in this case, David Craig, pled guilty to four counts of producing child pornography in violation of 18 U.S.C. § 2251(a). Because Craig’s total offense level was 43, his guidelines sentence for …

U.S. v. Trujillo-Castillon, No. 11-2646 (7th Cir.) (692 F.3d 575) (August 14, 2012) (Judge Ann Claire Williams)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists

U.S. v. Trujillo-Castillon, No. 11-2646 (7th Cir.) (692 F.3d 575) (August 14, 2012) (Judge Ann Claire Williams) by Giraldo Trujillo–Castillon pled guilty to one count of conspiring to use unauthorized accounts and one count of aggravated identity theft. The defendant’s Guideline recommended sentence on the conspiracy count was 33-41 months, …

U.S. v. Duval, No. 11-20594 (E.D.Mich.) (865 F.Supp.2d 803) (March 30, 2012) (Judge David M. Lawson)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Medical Marijuana

U.S. v. Duval, No. 11-20594 (E.D.Mich.) (865 F.Supp.2d 803) (March 30, 2012) (Judge David M. Lawson) by This case presented a series of high-stakes and fascinating questions that are likely to be raised frequently in future Federal marijuana prosecutions as more and more states carve out exceptions for the use …

Akeem v. U.S., No. 10 CV 4498(RJD) (E.D.N.Y.) (854 F.Supp.2d 289) (February 22, 2012) (Judge Raymond J. Dearie)

Article • December 10, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Motion for Return of Property

Akeem v. U.S., No. 10 CV 4498(RJD) (E.D.N.Y.) (854 F.Supp.2d 289) (February 22, 2012) (Judge Raymond J. Dearie) by Everyone knows that many Federal forfeiture proceedings are a farce, but this one really takes the cake. Olushola Akeem, a citizen of Nigeria, was arrested in February, 2008 at JFK Airport …

U.S. v. Wolfe, No. 11-3281 (7th Cir.) (701 F.3d 1206) (December 5, 2012) (Judge William J. Bauer)

Article • December 10, 2012 • from P&J December, 2012

Filed under: Punch And Jurists

U.S. v. Wolfe, No. 11-3281 (7th Cir.) (701 F.3d 1206) (December 5, 2012) (Judge William J. Bauer) by U.S. v. Day, 700 F.3d 713 (4th Cir. Nov. 29, 2012) (Judge Harvie Wilkinson) U.S. v. Wolfe, 701 F.3d 1206 (7th Cir. Dec. 5, 2012) (Judge William Bauer) Both of these cases …

Kachalsky v. County of Westchester, No. 11-3642 (Lead) (2nd Cir.) (701 F.3d 81) (November 27, 2012) (Judge Richard C. Wesley)

Article • December 10, 2012 • from P&J December, 2012

Filed under: Punch And Jurists

Kachalsky v. County of Westchester, No. 11-3642 (Lead) (2nd Cir.) (701 F.3d 81) (November 27, 2012) (Judge Richard C. Wesley) by In the aftermath of the Supreme Court’s seminal ruling in District of Columbia v. Heller, 554 U.S. 570 (2008), proponents of broad Second Amendment rights immediately began a nationwide …

U.S. v. Chaika, No. 11-3355 (8th Cir.) (695 F.3d 741) (October 1, 2012) (Judge James B. Loken)

Article • December 10, 2012 • from P&J December, 2012

Filed under: Punch And Jurists

U.S. v. Chaika, No. 11-3355 (8th Cir.) (695 F.3d 741) (October 1, 2012) (Judge James B. Loken) by Even hardened criminal defense attorneys would probably be astonished at how quickly and pliantly Judge Richard Kyle of the D.Minn. jumped on the prosecutors’ bandwagon in this case and granted the huge …

U.S. v. Day, No. 11-5218 (4th Cir.) (700 F.3d 713) (November 29, 2012) (Judge J. Harvie III Wilkinson)

Article • December 10, 2012 • from P&J December, 2012

Filed under: Punch And Jurists

U.S. v. Day, No. 11-5218 (4th Cir.) (700 F.3d 713) (November 29, 2012) (Judge J. Harvie III Wilkinson) by U.S. v. Day, 700 F.3d 713 (4th Cir. Nov. 29, 2012) (Judge Harvie Wilkinson) U.S. v. Wolfe, 701 F.3d 1206 (7th Cir. Dec. 5, 2012) (Judge William Bauer) Both of these …

U.S. v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir.) ( F.3d ) (November 28, 2012) (Judge N. Randy Smith)

Article • December 10, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Probable Cause

U.S. v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir.) ( F.3d ) (November 28, 2012) (Judge N. Randy Smith) by This is an exceptionally strong Terry frisk decision (see Terry v. Ohio, 392 U.S. 1 (1968)), the import and reach of which is made all the more powerful because of …