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U.S. v. Beardsley, No. 11-2206-cr (2nd Cir.) (691 F.3d 252) (August 27, 2012) (Judge Gerard E. Lynch)
Article • December 1, 2012
Filed under: Punch And Jurists
U.S. v. Beardsley, No. 11-2206-cr (2nd Cir.) (691 F.3d 252) (August 27, 2012) (Judge Gerard E. Lynch) by In a conviction of defendant for knowingly receiving and possessing child pornography, district court's application of a 15-year mandatory minimum sentence under 18 U.S.C. section 2552A(b)(1), which applies to defendants convicted of …
U.S. v. Gowing, No. 10-4073-cr (L) (2nd Cir.) (683 F.3d 406) (June 6, 2012) (Per Curiam)
Article • December 1, 2012
Filed under: Punch And Jurists, Fraud/Fraud Offenses
U.S. v. Gowing, No. 10-4073-cr (L) (2nd Cir.) (683 F.3d 406) (June 6, 2012) (Per Curiam) by Convictions and sentencing on charges arising from an elaborate, years-long financial fraud, which was enhanced under 18 U.S.C. § 3147 for defendant's continued actions in furtherance of the conspiracy to defraud even after …
U.S. v. Mason, No. 11-544 (2nd Cir.) (692 F.3d 178) (September 4, 2012) (Judge Rosemary S. Pooler)
Article • December 1, 2012
Filed under: Punch And Jurists, Lawful Sporting Purposes Exception
U.S. v. Mason, No. 11-544 (2nd Cir.) (692 F.3d 178) (September 4, 2012) (Judge Rosemary S. Pooler) by In a conviction of defendant for being a felon in possession of a firearm, district court's imposition of a 33-month sentence is affirmed, where although the district court misinterpreted the Guideline by …
U.S. v. Scott, No. 10-3978-cr (2nd Cir.) (677 F.3d 72) (April 6, 2012) (Judge Rosemary S. Pooler)
Article • December 1, 2012
Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence
U.S. v. Scott, No. 10-3978-cr (2nd Cir.) (677 F.3d 72) (April 6, 2012) (Judge Rosemary S. Pooler) by A conviction for distributing, and possessing with the intent to distribute, a controlled substance is vacated and the case remanded for a new trial, where: 1) the district court abused its discretion …
U.S. v. Corey, No. 12-20184-CR (S.D.Fla.) (861 F.Supp.2d 1341) (May 16, 2012) (Judge Federico A. Moreno)
Article • November 26, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, Booking-Question Exception
U.S. v. Corey, No. 12-20184-CR (S.D.Fla.) (861 F.Supp.2d 1341) (May 16, 2012) (Judge Federico A. Moreno) by In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court announced its landmark analytical approach to the Self-Incrimination Clause of the Fifth Amendment in cases involving custodial interrogations. After noting that the …
Vance v. Rumsfeld, No. 10-1687 (7th Cir.) (701 F.3d 193) (November 7, 2012) (Judge Frank H. Easterbrook)
Article • November 26, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, U.S. Citizens in Iraq
Vance v. Rumsfeld, No. 10-1687 (7th Cir.) (701 F.3d 193) (November 7, 2012) (Judge Frank H. Easterbrook) by Here a divided Seventh Circuit, sitting en banc, ordered the dismissal of a Bivens damage suit against former Donald Rumsfeld filed by two U.S. citizens seeking damages for their torture by U.S. …
U.S. v. Godat, No. 11-3536 (8th Cir.) (688 F.3d 399) (August 8, 2012) (Judge Raymond W. Gruender)
Article • November 26, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, Self-Incrimination Privilege
U.S. v. Godat, No. 11-3536 (8th Cir.) (688 F.3d 399) (August 8, 2012) (Judge Raymond W. Gruender) by This case addresses - but does not resolve - two very interesting sentencing questions: (a) whether Rule 32(e)(3) of the Fed.R.Crim.P., which permits a district court to order the Probation Office “not …
U.S. v. Maloney, No. 11-50311 (9th Cir.) (699 F.3d 1130) (November 14, 2012) (Judge N. Randy Smith)
Article • November 26, 2012 • from P&J November, 2012
Filed under: Punch And Jurists
U.S. v. Maloney, No. 11-50311 (9th Cir.) (699 F.3d 1130) (November 14, 2012) (Judge N. Randy Smith) by John Maloney was arrested at a highway checkpoint in Imperial County, CA near the Mexican border, after a drug dog alerted to drugs hidden in the cab of the truck. During an …
U.S. v. Bout, No. 08 CR 365(SAS) (S.D.N.Y.) (860 F.Supp.2d 303) (February 24, 2012) (Judge Shira A. Scheindlin)
Article • November 26, 2012 • from P&J November, 2012
Filed under: Eighth Amendment, Punch And Jurists
U.S. v. Bout, No. 08 CR 365(SAS) (S.D.N.Y.) (860 F.Supp.2d 303) (February 24, 2012) (Judge Shira A. Scheindlin) by In America, it has become a cardinal operating principle of the courts that they will rarely interfere with the decisions of prison administrators about prison conditions - no matter how harsh …
U.S. v. Palomar-Martinez, No. 2:11-cr-156-MEF (M.D.Ala.) (858 F.Supp.2d 1281) (May 2, 2012) (Judge Mark E. Fuller)
Article • November 12, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, Statutory Factors/Requirements
U.S. v. Palomar-Martinez, No. 2:11-cr-156-MEF (M.D.Ala.) (858 F.Supp.2d 1281) (May 2, 2012) (Judge Mark E. Fuller) by This decision is noted for its extended discussion of the criteria for eligibility for a downward departure based on a defendant’s “cultural assimilation,” under U.S.S.G. § 2L1.2. By virtue of Guideline Amendment 740, …
U.S. v. White, No. 11-2150 (7th Cir.) (698 F.3d 1005) (October 26, 2012) (Per Curiam)
Article • November 12, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, Protected Speech
U.S. v. White, No. 11-2150 (7th Cir.) (698 F.3d 1005) (October 26, 2012) (Per Curiam) by Here the Court reversed Judge Adelman’s decision voiding, on First Amendment grounds, all charges against a white supremacist who was convicted of soliciting the commission of a violent crime against a juror in violation …
U.S. v. Zauner, No. 12-1007 (8th Cir.) (688 F.3d 426) (August 16, 2012) (Judge Diana E. Murphy)
Article • November 12, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, Parsimony Principle or Clause
U.S. v. Zauner, No. 12-1007 (8th Cir.) (688 F.3d 426) (August 16, 2012) (Judge Diana E. Murphy) by This case is noted for Judge Bright's dissent in which he argued that an 18 year sentence for child pornography was both excessive and erroneous because it was not sufficiently based on …
U.S. v. Gupta, No. 11 Cr. 907 (JSR) (S.D.N.Y.) (904 F.Supp.2d 349) (October 24, 2012) (Judge Jed S. Rakoff)
Article • November 12, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, Securities Fraud
U.S. v. Gupta, No. 11 Cr. 907 (JSR) (S.D.N.Y.) (904 F.Supp.2d 349) (October 24, 2012) (Judge Jed S. Rakoff) by In this Sentencing Memorandum, Judge Rakoff explained his reasons for imposing a below-Guidelines sentence of two years on Rajat Gupta, a former Goldman Sachs director, who was convicted at trial …
U.S. v. Spencer, No. 11-3463 (8th Cir.) (700 F.3d 317) (November 7, 2012) (Judge Steven M. Colloton)
Article • November 12, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, Loss - Calculation/Determination of
U.S. v. Spencer, No. 11-3463 (8th Cir.) (700 F.3d 317) (November 7, 2012) (Judge Steven M. Colloton) by This case is noted for Judge Bright’s important dissent in which he sharply criticized the calculation of loss under the fraud Guidelines, charging that they produce “astronomical sentences” that have “little connection …
U.S. v. Sowards, No. 10-4133 (4th Cir.) (690 F.3d 583) (June 25, 2012) (Judge James A. Jr. Wynn)
Article • November 12, 2012 • from P&J November, 2012
Filed under: Punch And Jurists, Visual Speed Estimates
U.S. v. Sowards, No. 10-4133 (4th Cir.) (690 F.3d 583) (June 25, 2012) (Judge James A. Jr. Wynn) by This is an interesting decision in which a divided panel from the Fourth Circuit held that a police officer’s uncorroborated visual speed estimate did not provide probable cause to initiate a …
U.S. v. Lara, No. 11-3850 (8th Cir.) (690 F.3d 1079) (August 31, 2012) (Judge William Duane Benton)
Article • October 29, 2012 • from P&J October, 2012
Filed under: Punch And Jurists, Uncharged Criminal Conduct
U.S. v. Lara, No. 11-3850 (8th Cir.) (690 F.3d 1079) (August 31, 2012) (Judge William Duane Benton) by This case is a good example of the Government’s etch-a-sketch approach to plea agreements. Here, the defendant, Jesus Lara, pled guilty, pursuant to a written plea agreement, to the distribution of not …
Doe v. Nebraska, No. 8:09CV456 (D.Neb.) (898 F.Supp.2d 1086) (October 17, 2012) (Judge Richard G. Kopf)
Article • October 29, 2012 • from P&J October, 2012
Filed under: Punch And Jurists
Doe v. Nebraska, No. 8:09CV456 (D.Neb.) (898 F.Supp.2d 1086) (October 17, 2012) (Judge Richard G. Kopf) by Here the Court held that various provisions of a Nebraska state law that criminalize the use of social networking sites by persons convicted of various sex offense crimes are facially unconstitutional under the …
Hamdan v, U.S., No. 11-1257 (D.C. Cir.) (696 F.3d 1238) (October 16, 2012) (Judge Brett M. Kavanaugh)
Article • October 29, 2012 • from P&J October, 2012
Filed under: Retroactivity, Punch And Jurists
Hamdan v, U.S., No. 11-1257 (D.C. Cir.) (696 F.3d 1238) (October 16, 2012) (Judge Brett M. Kavanaugh) by In a major setback for the military tribunals at Guantanamo Bay, the D.C. Circuit has thrown out the terrorism conviction of a former high-profile detainee, Salim Hamdan, a Yemeni who served as …
U.S. v. Quinn, No. 12-2260 (7th Cir.) (698 F.3d 651) (October 18, 2012) (Judge Frank H. Easterbrook)
Article • October 29, 2012 • from P&J October, 2012
Filed under: Punch And Jurists, Lifetime Supervision
U.S. v. Quinn, No. 12-2260 (7th Cir.) (698 F.3d 651) (October 18, 2012) (Judge Frank H. Easterbrook) by The defendant in this case, Nicolai Quinn, pled guilty to possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). He was sentenced to 97 months' imprisonment and a lifetime term of …
U.S. v. Rangel, No. 11-50062 (9th Cir.) (697 F.3d 795) (October 15, 2012) (Judge Richard R. Clifton)
Article • October 29, 2012 • from P&J October, 2012
Filed under: Punch And Jurists, Poverty of the Defendant
U.S. v. Rangel, No. 11-50062 (9th Cir.) (697 F.3d 795) (October 15, 2012) (Judge Richard R. Clifton) by This amended decision raises (but virtually ignores) lots of interesting questions about whether the district court imposed a significantly higher sentence on the defendant because he could not pay any restitution to …
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