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Article • July 23, 2012 • from P&J July, 2012
Filed under: Punch And Jurists
U.S. v. Burgess, No. 09-4584 (4th Cir.) (684 F.3d 445) (July 11, 2012) (Judge Barbara Milano Keenan) by Here the Court joined with a plurality of the Circuits and held that before a district court awards restitution to the victims of child pornography under 18 U.S.C. § 2259, it must …
Article • July 23, 2012 • from P&J July, 2012
U.S. v. Ouedraogo, No. 1:08-cr-68 (W.D.Mich.) (837 F.Supp.2d 720) (December 21, 2011) (Judge Janet T. Neff) by Here the Court granted a judgment of acquittal after finding that the Government’s case against the defendant consisted of using “smoke and mirrors” and required “unreasonable inferences” that were little more than “a …
Article • July 23, 2012 • from P&J July, 2012
U.S. v. Prosperi, No. 10-1739 (1st Cir.) (686 F.3d 32) (July 13, 2012) (Judge Kermit A. Lipez) by Here the Court affirmed, as substantively reasonable, sentences of probation imposed on two white collar defendants convicted of fraud in Boston's Big Dig project despite a Guidelines’ sentencing range of 87 to …
Article • July 23, 2012 • from P&J July, 2012
Filed under: Punch And Jurists
U.S. v. Vanderwerff, No. 12-CR-00069 (D.Colo.) (2012 u.s. Dist. LEXIS 89812) (June 28, 2012) (Judge John L. Jr. Kane) by Here the Court rejected the terms of a proposed plea agreement in a child pornography case because it required to defendant to waive all of his rights to appellate review …
Article • July 23, 2012 • from P&J July, 2012
Patel v. City of Los Angeles, No. 08-56567 (9th Cir.) (686 F.3d 1085) (July 17, 2012) (Judge Richard R. Clifton) by Here a divided panel held that a Los Angeles ordinance which required hotel operators to maintain certain guest registry information and to make that information available to the police …
Article • July 9, 2012 • from P&J July, 2012
U.S. v. White Twin, No. 11-3206 (8th Cir.) (682 F.3d 773) (June 27, 2012) (Judge William Duane Benton) by
Article • July 9, 2012 • from P&J July, 2012
U.S. v. Alvarez, No. 11-210 (U.S. Supreme Court) (567 U.S. 709; 132 S.Ct. 2537) (June 28, 2012) (Justice Kennedy) by
Article • July 9, 2012 • from P&J July, 2012
U.S. v. Lomeli, No. 11-1549 (8th Cir.) (676 F.3d 734) (April 18, 2012) (Judge C. Arlen Beam) by
Article • July 9, 2012 • from P&J July, 2012
U.S. v. Stewart, No. 10-3185 (2nd Cir.) (686 F.3d 156) (June 28, 2012) (Judge Robert D. Sack) by Sentence for convictions of conspiracy to defraud the US, 18 U.S.C. § 371, conspiracy to provide and to conceal the provision of material support to a conspiracy to kill and kidnap persons …
Article • June 25, 2012 • from P&J June, 2012
Filed under: Punch And Jurists
Southern Union Company v. U.S., No. 11-94 (U.S. Supreme Court) (567 U.S. 342; 132 S.Ct. 2344) (June 21, 2012) (Justice Sotomayor) by In a decision that both solidifies and extends the rule established in Apprendi v. New Jersey, 530 U.S. 466 (2000), the Court held, by a 6-3 vote, that …
Article • June 25, 2012 • from P&J June, 2012
U.S. v. Figueroa, No. 11-2594 (7th Cir.) (682 F.3d 694) (June 11, 2012) (Judge Richard A. Posner) by This case is noted for its unusually detailed analysis of “aggravating role” enhancements under U.S.S.G. § 3B1.1, and particularly its analysis of the lack of substantive distinctions between an “organizer and leader” …
Article • June 25, 2012 • from P&J June, 2012
U.S. v. Wilson, No. 06-20290 (E.D.Mich.) (827 F.Supp.2d 747) (August 24, 2011) (Judge Lawrence P. Zatkoff) by In U.S. v. Wilson, 614 F.3d 219, 224 (6th Cir. July 19, 2010) (“Wilson 1") (P&J, 11/08/10), the Sixth Circuit vacated a 48 month sentence imposed on the defendant, Lashawn Wilson, who pled …
Article • June 25, 2012 • from P&J June, 2012
Filed under: Punch And Jurists
Miller v. Alabama, No. 10-9646 (U.S. Supreme Court) (567 U.S. 460; 132 S.Ct. 2455) (June 25, 2012) (Justice Kagan) by In these two consolidated cases, the Court held, by a 5-4 vote, that “the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for …
Article • June 25, 2012 • from P&J June, 2012
Williams v. Illinois, No. 10-8505 (U.S. Supreme Court) (567 U.S. 50; 132 S.Ct. 2221) (June 18, 2012) (Justice Alito) by Here a badly fractured held that the admission of expert testimony about the results of DNA testing performed by non-testifying crime lab analysts did not violate the Confrontation Clause - …
Article • June 25, 2012 • from P&J June, 2012
Dorsey v. U.S., No. 11-5683 (U.S. Supreme Court) (567 U.S. 260; 132 S.Ct. 2321) (June 21, 2012) (Justice Breyer) by In 2010, after some three decades of debate and controversy over the inherent unfairness of the Federal crack cocaine sentencing laws, Congress finally enacted the Fair Sentencing Act of 2010 …
Article • June 11, 2012 • from P&J June, 2012
U.S. v. 434 Main Street, Tewksbury, Mass., No. Civ. No. 09-11635-JGD (D.Mass.) (862 F.Supp.2d 24) (April 25, 2012) (Judge Magistrate) by This case deals principally with one of the Federal Government’s many forfeiture statutes - 21 U.S.C. § 881(e)(1)(A) - which has become a veritable license to loot. That statute …
Article • June 11, 2012 • from P&J June, 2012
Heyerman v. County of Calhoun, No. 10-2322 (6th Cir.) ( F.3d ) (May 29, 2012) (Judge Patrick J. Duggan) by In this case, Buxton Heyerman, was held in a Michigan prison for more than 17 years “for unknown reasons,” after a state appellate court reversed his criminal conviction and remanded …
Article • June 11, 2012 • from P&J June, 2012
Filed under: Punch And Jurists
Garcia v. Bloomberg, No. 11 Civ. 6957 (JSR) (S.D.N.Y.) (865 F.Supp.2d 478) (June 7, 2012) (Judge Jed S. Rakoff) by A civil rights lawsuit brought by a group of Occupy Wall Street protesters against the New York City Police has been allowed to proceed. The plaintiffs, who were subjected to …
Article • June 11, 2012 • from P&J June, 2012
Reichle v. Howards, No. 11-262 (U.S. Supreme Court) (566 U.S. 658; 132 S.Ct. 2088) (June 4, 2012) (Justice Thomas) by Here the Court unanimously ruled against a protester who said his free speech rights had been violated when Secret Service agents arrested him after he made critical remarks about the …
Article • June 11, 2012 • from P&J June, 2012
Filed under: Punch And Jurists
Parker v. Matthews, No. 11-845 (U.S. Supreme Court) (567 U.S. 37; 132 S.Ct. 2148) (June 11, 2012) (Per Curiam) by Here the Court vacated a grant of habeas corpus by the Sixth Circuit, caustically stating its decision was based on “the flimsiest of rationales” and was a "texrbook example" of …
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