Search | Punch and Jurists

Ibrahim v. Dept. of Homeland Security, No. 10-15873 (9th Cir.) (669 F.3d 983) (February 8, 2012) (Judge William A. Fletcher)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

Ibrahim v. Dept. of Homeland Security, No. 10-15873 (9th Cir.) (669 F.3d 983) (February 8, 2012) (Judge William A. Fletcher) by If you have a client who is an alien and who has erroneously been placed on the Government’s secretive “No-Fly List,” does he or she have any remedy to …

Wood v. Milyard, No. 10-9995 (10th Cir.) (566 U.S. 463; 132 S.Ct. 1826) (April 24, 2012) (Justice Ginsburg)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

Wood v. Milyard, No. 10-9995 (10th Cir.) (566 U.S. 463; 132 S.Ct. 1826) (April 24, 2012) (Justice Ginsburg) by In this case, a unanimous Supreme Court held that, while a Federal court may generally raise a statute of limitations defense on its own initiative, it may not do so where …

Kwong v. Bloomberg, No. 11 Civ. 2356 (JGK) (S.D.N.Y.) (876 F.Supp.2d 246) (March 27, 2012) (Judge John G. Koeltl)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

Kwong v. Bloomberg, No. 11 Civ. 2356 (JGK) (S.D.N.Y.) (876 F.Supp.2d 246) (March 27, 2012) (Judge John G. Koeltl) by In this case District Judge John Koeltl rejected a series of claims that a $340 fee charged by the City of New York for a “premises residence” handgun license violates …

U.S. v. Nosal, No. 10-10038 (9th Cir.) (676 F.3d 854) (April 10, 2012) (Judge Alex Kozinski)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

U.S. v. Nosal, No. 10-10038 (9th Cir.) (676 F.3d 854) (April 10, 2012) (Judge Alex Kozinski) by In a prosecution that included counts for violations of the Computer Fraud and Abuse Act (CFAA) for aiding and abetting employees in exceeding their authorized access to a company database with intent to …

U.S. v. Rodriguez, No. 10-3017 (D.C. Cir.) (676 F.3d 183) (March 9, 2011) (Judge Karen LeCraft Henderson)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Timeliness

U.S. v. Rodriguez, No. 10-3017 (D.C. Cir.) (676 F.3d 183) (March 9, 2011) (Judge Karen LeCraft Henderson) by Here the Court held (a) that a lawyer’s failure to seek safety-valve relief for his client constituted ineffective assistance of counsel; and (b) that a defendant is eligible for such relief once …

U.S. v. Choi, No. 10-739-11 (D.D.C.) (818 F.Supp.2d 79) (October 11, 2011) (Judge Royce C. Lamberth)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Selective Prosecution Defense

U.S. v. Choi, No. 10-739-11 (D.D.C.) (818 F.Supp.2d 79) (October 11, 2011) (Judge Royce C. Lamberth) by Here the Court granted an unusual Writ of Mandamus ordering the Magistrate Judge not to consider selective prosecution as either a defense to the merits of the prosecution or as the basis for …

Clair v. Maynard, No. Civ. No. JKB-11-1582 (D.Md.) (812 F.Supp.2d 685) (September 22, 2011) (Judge James K. Bredar)

Article • April 30, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

Clair v. Maynard, No. Civ. No. JKB-11-1582 (D.Md.) (812 F.Supp.2d 685) (September 22, 2011) (Judge James K. Bredar) by In this case, District Judge James Bredar held that sex offender registration does not meet the requirements of “custody” for purposes of Federal habeas relief under 28 U.S.C. § 2254. Here …

U.S. v. Boros, No. 10-2566 (7th Cir.) (668 F.3d 901) (February 9, 2012) (Judge Joel L. Flaum)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Harmless Error

U.S. v. Boros, No. 10-2566 (7th Cir.) (668 F.3d 901) (February 9, 2012) (Judge Joel L. Flaum) by Ricky Boros and several co-defendants were indicted on various charges relating to their ownership and operation of an Internet pharmacy business known as Purchase Meds, Inc. (herein “PMeds”), including conspiracy to import …

U.S. v. Sanders, No. 10-13667 (11th Cir.) (668 F.3d 1298) (February 2, 2012) (Per Curiam)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Remoteness in Time

U.S. v. Sanders, No. 10-13667 (11th Cir.) (668 F.3d 1298) (February 2, 2012) (Per Curiam) by Here the Court held that the district court had abused its discretion and violated the precepts of Rule 404(b) by allowing the admission of evidence of the defendant’s 22-year-old dissimilar conviction - but deemed …

Rehberg v. Paulk, No. 10-788 (U.S. Supreme Court) (566 U.S. 356; 132 S.Ct. 1497) (April 2, 2012) (Justice Alito)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

Rehberg v. Paulk, No. 10-788 (U.S. Supreme Court) (566 U.S. 356; 132 S.Ct. 1497) (April 2, 2012) (Justice Alito) by In this case, a unanimous Supreme Court held that the sole complaining grand jury witness is entitled to the same absolute immunity from any liability under 42 U.S.C. § 1983 …

Wagner v. County of Maricopa, No. 10-15501 (9th Cir.) (673 F.3d 977) (March 7, 2012) (Judge John T. Jr. Noonan)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Improper Denial of Testimony

Wagner v. County of Maricopa, No. 10-15501 (9th Cir.) (673 F.3d 977) (March 7, 2012) (Judge John T. Jr. Noonan) by Sheriff Joe Arpaio of Maricopa County, AZ has made a career (and a bundle of money) by implementing some of the nation’s most diabolical and deliberately demeaning policies for …

U.S. v. Major, No. 10-10147 (9th Cir.) (676 F.3d 803) (March 27, 2012) (Judge J. Clifford Wallace)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Major, No. 10-10147 (9th Cir.) (676 F.3d 803) (March 27, 2012) (Judge J. Clifford Wallace) by The two defendants in this case were convicted of a number of drug and gun charges; and they were sentenced, respectively, to 8,941 months (745 years, 1 month) and 8,955 months (746 …

U.S. v. Dossie, No. 11-CR-236 (JG) (E.D.N.Y.) (851 F.Supp.2d 478) (March 30, 2012) (Judge John Gleeson)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

U.S. v. Dossie, No. 11-CR-236 (JG) (E.D.N.Y.) (851 F.Supp.2d 478) (March 30, 2012) (Judge John Gleeson) by This decision is a powerful sequel to Judge Gleeson’s brilliant (but largely unheralded) decision in U.S. v. Vasquez, No. 09 Crim. 259, 2010 WL 1257359 (E.D.N.Y. Mar. 30, 2010) (P&J, 04/19/10), which we …

U.S. v. Vizcarra, No. 09-1174 (7th Cir.) (668 F.3d 516) (February 7, 2012) (Judge Diane S. Sykes)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, When Permitted

U.S. v. Vizcarra, No. 09-1174 (7th Cir.) (668 F.3d 516) (February 7, 2012) (Judge Diane S. Sykes) by Anyone who wants a refresher course on the law relating to “double counting” under the Guidelines should read this decision. It contains not only a detailed explanation of a major change in …

Florence v. Board of Freeholders, No. 10-945 (U.S. Supreme Court) (566 U.S. 318; 132 S.Ct. 1510) (April 2, 2012) (Justice Kennedy)

Article • April 16, 2012 • from P&J April, 2012

Filed under: Strip Searches, Punch And Jurists

Florence v. Board of Freeholders, No. 10-945 (U.S. Supreme Court) (566 U.S. 318; 132 S.Ct. 1510) (April 2, 2012) (Justice Kennedy) by Here the Court held, by a 5-4 vote, that routine strip searches of individuals arrested for minor offenses do not require any reasonable suspicion of wrongdoing and do …

Vartelas v. Holder, No. 10-1211 (U.S. Supreme Court) (566 U.S. 257; 132 S.Ct. 1479) (March 28, 2012) (Justice Ginsburg)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

Vartelas v. Holder, No. 10-1211 (U.S. Supreme Court) (566 U.S. 257; 132 S.Ct. 1479) (March 28, 2012) (Justice Ginsburg) by Here the Court held that a lawful permanent resident's right to reenter the U.S. after brief travel abroad, when that person was convicted of a crime, is governed by the …

Credit Suisse Securities v. Simmonds, No. 10-1261 (U.S. Supreme Court) (566 U.S. 221; 132 S.Ct. 1414) (March 26, 2012) (Justice Scalia)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists

Credit Suisse Securities v. Simmonds, No. 10-1261 (U.S. Supreme Court) (566 U.S. 221; 132 S.Ct. 1414) (March 26, 2012) (Justice Scalia) by Here the Court held that a failure by a corporate insider to file a short-swing profit disclosure statement under § 16(a) of the securities laws does not indefinitely …

Setser v. U.S., No. 10-7387 (U.S. Supreme Court) (566 U.S. 231; 132 S.Ct. 1463) (March 28, 2012) (Justice Scalia)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Multiple Sentences

Setser v. U.S., No. 10-7387 (U.S. Supreme Court) (566 U.S. 231; 132 S.Ct. 1463) (March 28, 2012) (Justice Scalia) by This is a novel case in which the Government actually decided to oppose a Fifth Circuit decision in its favor and to support a convicted criminal in arguing that the …

U.S. v. Wali, No. 3:10-CR-235-L (N.D.Tex.) (811 F.Supp.2d 1276) (March 3, 2011) (Judge Sam A. Lindsay)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Collective Knowledge Doctrine

U.S. v. Wali, No. 3:10-CR-235-L (N.D.Tex.) (811 F.Supp.2d 1276) (March 3, 2011) (Judge Sam A. Lindsay) by Here the Court held that mere knowledge by a police dispatcher of information about a suspect, which was never communicated to police officers in the field, could not be imputed to the arresting …

U.S. v. Ressam, No. 09-30000 (9th Cir.) (679 F.3d 1069) (March 12, 2012) (Judge Richard R. Clifton)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Ressam, No. 09-30000 (9th Cir.) (679 F.3d 1069) (March 12, 2012) (Judge Richard R. Clifton) by The 22-year sentence for the so-called "Millennium Bomber" is vacated and the case is remanded for resentencing, where the sentence was substantively unreasonable, based on the Ninth Circuit's definite and firm conviction …