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National Rifle Association v. B.A.T.F., No. 11-10959 (5th Cir.) (700 F.3d 184) (October 25, 2012) (Judge Edward C. Prado)

Article • October 29, 2012 • from P&J October, 2012

Filed under: Punch And Jurists

National Rifle Association v. B.A.T.F., No. 11-10959 (5th Cir.) (700 F.3d 184) (October 25, 2012) (Judge Edward C. Prado) by In a major defeat for the National Rifle Association (“NRA”), a panel from the conservative Fifth Circuit unanimously held that the United States may ban Federally licensed dealers from selling …

U.S. v. Davis, No. 11-6301 (4th Cir.) (689 F.3d 349) (July 23, 2012) (Per Curiam)

Article • October 15, 2012 • from P&J October, 2012

Filed under: Punch And Jurists

U.S. v. Davis, No. 11-6301 (4th Cir.) (689 F.3d 349) (July 23, 2012) (Per Curiam) by William Davis was charged in a one-count information with unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). He entered into a written plea agreement with the …

U.S. v. Dooley, No. 11-2256 (7th Cir.) (688 F.3d 318) (July 27, 2012) (Judge Frank H. Easterbrook)

Article • October 15, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Aggravated Identity Theft

U.S. v. Dooley, No. 11-2256 (7th Cir.) (688 F.3d 318) (July 27, 2012) (Judge Frank H. Easterbrook) by The defendant in this case, Karen Dooley, lied about her marriage status and income in order to obtain Social Security benefits and food stamps to which she was not entitled. While employed …

U.S. v. Beasley, No. 11-2460 (8th Cir.) (688 F.3d 523) (July 31, 2012) (Judge William J. Riley)

Article • October 15, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Within Guidelines Sentence

U.S. v. Beasley, No. 11-2460 (8th Cir.) (688 F.3d 523) (July 31, 2012) (Judge William J. Riley) by Here the Court pushed the boundaries of both intelligence and credibility by holding that a sentence of 3,480 months (290 years) in prison imposed on a first time offender in a child …

U.S. v. Begin, No. 11-3896 (3rd Cir.) (696 F.3d 405) (October 9, 2012) (Judge Julio M. Fuentes)

Article • October 15, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Failure To Consider Disparity

U.S. v. Begin, No. 11-3896 (3rd Cir.) (696 F.3d 405) (October 9, 2012) (Judge Julio M. Fuentes) by Michael Begin pled guilty to a two-count indictment that charged him with using the Internet and a cell phone to send sexual messages and photographs to a minor in order to persuade …

In re: Amy Unknown, No. 09-41238 (5th Cir.) (701 F.3d 749) (November 19, 2012) (Judge Emilio M. Garza)

Article • October 15, 2012 • from P&J October, 2012

Filed under: Punch And Jurists

In re: Amy Unknown, No. 09-41238 (5th Cir.) (701 F.3d 749) (November 19, 2012) (Judge Emilio M. Garza) by This case is about the proper interpretation of the Federal Mandatory Restitution for Sexual Exploitation of Children Act, 18 U.S.C. § 2259 (herein the “§ 2259”) - a law enacted in …

U.S. v. Budziak, No. 11-10223 (9th Cir.) (697 F.3d 1105) (October 5, 2012) (Judge A. Wallace Tashima)

Article • October 15, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, EP2P Software

U.S. v. Budziak, No. 11-10223 (9th Cir.) (697 F.3d 1105) (October 5, 2012) (Judge A. Wallace Tashima) by It is no secret that the Government is increasingly utilizing secret and sophisticated new technologies to track down and prosecute individuals suspected of criminal activity. (See, e.g., U.S. v. Oliva, 686 F.3d …

Wood v. Beauclair, No. 10-35300 (9th Cir.) (692 F.3d 1041) (September 4, 2012) (Judge Betty Binns Fletcher)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Consent

Wood v. Beauclair, No. 10-35300 (9th Cir.) (692 F.3d 1041) (September 4, 2012) (Judge Betty Binns Fletcher) by Lance Wood, a state prisoner in Idaho, filed a civil rights lawsuit against various prison officials and employees, including Sandra de Martin (“Martin:), a female prison guard, alleging various violations of his …

U.S. v. Leal-Del Carmen, No. 11-50094 (9th Cir.) (697 F.3d 964) (September 14, 2012) (Judge Alex Kozinski)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists

U.S. v. Leal-Del Carmen, No. 11-50094 (9th Cir.) (697 F.3d 964) (September 14, 2012) (Judge Alex Kozinski) by Jonathan Leal-Del Carmen was just another one of the many unlucky Mexicans who frequently get bamboozled by the American criminal justice system. Fortunately for him, the facts of this case were simply …

U.S. v. Cunningham, No. 10-4021 (3rd Cir.) (694 F.3d 372) (September 18, 2012) (Judge Kent A. Jordan)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Graphic and Inflammatory Evidence

U.S. v. Cunningham, No. 10-4021 (3rd Cir.) (694 F.3d 372) (September 18, 2012) (Judge Kent A. Jordan) by This is an important child pornography decision that helps bring a bit of sanity to highly graphic child pornography trials and shows a way to temper the common trial tactic of overwhelming …

Thomas v. State of Illinois, No. 12-209 (7th Cir.) ( F.3d ) (September 27, 2012) (Judge Richard A. Posner)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Infestations of vermin

Thomas v. State of Illinois, No. 12-209 (7th Cir.) ( F.3d ) (September 27, 2012) (Judge Richard A. Posner) by Calvin Thomas, an inmate of an Illinois state prison, acting pro se, brought a civil rights lawsuit, under 42 U.S.C. § 1983, against the state and the Illinois Department of …

U.S. v. Oliva, No. 10-30126 (9th Cir.) (686 F.3d 1106) (July 20, 2012) (Judge Raymond C. Fisher)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Off-The-Hook Conversations

U.S. v. Oliva, No. 10-30126 (9th Cir.) (686 F.3d 1106) (July 20, 2012) (Judge Raymond C. Fisher) by There seems to be no limit to the number of different and creative ways that Big Brother is spying on it citizens using sophisticated electronic equipment that was unknown just a few …

U.S. v. Semrau, No. 11-5396 (6th Cir.) (693 F.3d 510) (September 7, 2012) (Judge Jane B. Stranch)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Functional Magnetic Resonance Imaging

U.S. v. Semrau, No. 11-5396 (6th Cir.) (693 F.3d 510) (September 7, 2012) (Judge Jane B. Stranch) by The defendant in this case, Dr. Lorne Semrau, a clinical psychiatrist and the CEO of two healthcare companies, was convicted of three counts of healthcare fraud in violation of 18 U.S.C. § …

U.S. v. Worley, No. 11-4348 (4th Cir.) (685 F.3d 404) (July 13, 2012) (Judge Roger L. Gregory)