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Rodriguez v. Holder, No. 06-74444 (9th Cir.) (668 F.3d 670) (February 6, 2012) (Per Curiam)
Article • February 20, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Government Policies
Rodriguez v. Holder, No. 06-74444 (9th Cir.) (668 F.3d 670) (February 6, 2012) (Per Curiam) by This decision was one of five nearly identical orders issued by a sharply divided panel from the Ninth Circuit challenging the Obama Administration’s enforcement of its deportation policies. All five cases arose out of …
U.S. v. Rosales-Garcia, No. 10-4224 (10th Cir.) (667 F.3d 1348) (February 7, 2012) (Judge William J. Jr. Holloway)
Article • February 20, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Illegal Reentry
U.S. v. Rosales-Garcia, No. 10-4224 (10th Cir.) (667 F.3d 1348) (February 7, 2012) (Judge William J. Jr. Holloway) by In this case, the Tenth Circuit addressed the meaning of U.S.S.G. § 2L1.2, an awkwardly phrased provision of the Guidelines that applies to defendants who illegally reenter the United States in …
U.S. v. McGarity, No. 09-12070 (11th Cir.) (669 F.3d 1218) (February 6, 2012) (Judge Peter T. Fay)
Article • February 20, 2012 • from P&J February, 2012
Filed under: Punch And Jurists
U.S. v. McGarity, No. 09-12070 (11th Cir.) (669 F.3d 1218) (February 6, 2012) (Judge Peter T. Fay) by Here the Court clarified an earlier ruling held that, while restitution can be awarded under § 2259(c) against a mere possessor of child pornography, it can only be ordered when the Government …
In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (842 F.Supp.2d 232) (February 8, 2012) (Judge Emmet G. Sullivan)
Article • February 20, 2012 • from P&J February, 2012
Filed under: First Amendment, Punch And Jurists
In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (842 F.Supp.2d 232) (February 8, 2012) (Judge Emmet G. Sullivan) by Here the Court ordered the release of a 500-page special Report on the “pervasive” prosecutorial misconduct that “permeated” the trial of former Sen. Ted Stevens of Alaska, stating it would be …
U.S. v. Inman, No. 10-5702 (6th Cir.) (666 F.3d 1001) (February 7, 2012) (Per Curiam)
Article • February 20, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Lifetime Supervision
U.S. v. Inman, No. 10-5702 (6th Cir.) (666 F.3d 1001) (February 7, 2012) (Per Curiam) by The Federal Sentencing Guidelines are littered with examples of a near-frenzied effort by the Sentencing Commission and/or Congress to impose the maximum possible punishment on all sex offenders, regardless of the specific sentencing factors …
National Immigration Project v. U.S. Dept. of Homeland Security, No. 11 civ. 3235 (JSR) (S.D.N.Y.) ( F.Supp.2d ) (February 7, 2012) (Judge Jed S. Rakoff)
Article • February 20, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Policy versus Practice
National Immigration Project v. U.S. Dept. of Homeland Security, No. 11 civ. 3235 (JSR) (S.D.N.Y.) ( F.Supp.2d ) (February 7, 2012) (Judge Jed S. Rakoff) by Continuing his penchant for embarrassing the Government, the indefatigable District Judge Jed Rakoff of the S.D.N.Y. has openly challenged the trustworthiness of the Office …
U.S. v. 2001 LEXUS LS430 VIN JTHBN30F910017797, No. 1:10cv94 (GBL) (E.D.Va.) (799 F.Supp.2d 599) (December 3, 2010) (Judge Gerald Bruce Lee)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Substantial Connection to Crime
U.S. v. 2001 LEXUS LS430 VIN JTHBN30F910017797, No. 1:10cv94 (GBL) (E.D.Va.) (799 F.Supp.2d 599) (December 3, 2010) (Judge Gerald Bruce Lee) by This case raised a single, but significant, issue - namely whether the Government could prove a “substantial connection,” as that term is used in the Civil Asset Forfeiture …
Durso v. Napolitano, No. Civ. No. 10-02066 (HHK) (D.D.C.) (795 F.Supp.2d 63) (July 5, 2011) (Judge Henry H. Jr. Kennedy)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Jurisdiction
Durso v. Napolitano, No. Civ. No. 10-02066 (HHK) (D.D.C.) (795 F.Supp.2d 63) (July 5, 2011) (Judge Henry H. Jr. Kennedy) by Here the Court dismissed a lawsuit challenging TSA’s Advanced Imaging Technology and aggressive pat-downs at airports, holding that 49 U.S.C. § 46110 places exclusive jurisdiction for such lawsuits wih …
U.S. v. Spriggs, No. 10-14919 (11th Cir.) (666 F.3d 1284) (January 10, 2011) (Judge Charles R. Wilson)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Thing of Value
U.S. v. Spriggs, No. 10-14919 (11th Cir.) (666 F.3d 1284) (January 10, 2011) (Judge Charles R. Wilson) by Here the Court held that the mere use of a file-sharing program to download child pornography from the Internet does not, by itself, establish a transaction that will support the five-level sentencing …
U.S. v. Jones, No. 10-1259 (U.S. Supreme Court) (565 U.S. 400; 132 S.Ct. 945) (January 23, 2012) (Justice Scalia)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Warrantless Searches
U.S. v. Jones, No. 10-1259 (U.S. Supreme Court) (565 U.S. 400; 132 S.Ct. 945) (January 23, 2012) (Justice Scalia) by In U.S. v. Maynard, 615 F.32d 544 (D.C.Cir. Aug. 6, 2010) (P&J, 08/09/10), the D.C. Circuit considered the joint appeals of Lawrence Maynard and Antoine Jones who were convicted of …
U.S. v. Bistline, No. 10-3106 (6th Cir.) (665 F.3d 758) (January 9, 2012) (Judge Raymond M. Kethledge)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Substantive Reasonableness
U.S. v. Bistline, No. 10-3106 (6th Cir.) (665 F.3d 758) (January 9, 2012) (Judge Raymond M. Kethledge) by Here the Court held that the child pornography guidelines, which are based upon a patchwork of congressional enactments and directives to the Commission, were entitled to even more deference than those issued …
U.S. v. Forde, No. 11-1070 (8th Cir.) (664 F.3d 1219) (January 5, 2012) (Judge William J. Riley)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Prohibition on Entering Bars
U.S. v. Forde, No. 11-1070 (8th Cir.) (664 F.3d 1219) (January 5, 2012) (Judge William J. Riley) by Here the Court upheld as reasonable a special condition of supervised release that prohibited the defendant from using alcohol or entering bars, even though it acknowledged that there was no evidence that …
U.S. v. Strandlof, No. 10-1358 (10th Cir.) (667 F.3d 1147) (January 27, 2012) (Judge Timothy M. Tymkovich)
Article • February 6, 2012 • from P&J February, 2012
Filed under: First Amendment, Punch And Jurists
U.S. v. Strandlof, No. 10-1358 (10th Cir.) (667 F.3d 1147) (January 27, 2012) (Judge Timothy M. Tymkovich) by In 2006, Congress enacted the Stolen Valor Act, 18 U.S.C. § 704(b) (herein the “SVA”), which makes it a Federal crime for anyone to “falsely represent[ ] . . . verbally or …
U.S. v. Martin, No. 10-5301 (4th Cir.) (662 F.3d 301) (November 30, 2011) (Judge Allyson Kay Duncan)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Time-Related Directives
U.S. v. Martin, No. 10-5301 (4th Cir.) (662 F.3d 301) (November 30, 2011) (Judge Allyson Kay Duncan) by Here a sharply divided panel held that the district court had jurisdiction to order criminal forfeiture of the defendants' property after their sentencing and the entry of judgments, in violation of the …
Doe v. City of Albuquerque, No. 10-2102 (10th Cir.) (667 F.3d 1111) (January 20, 2012) (Judge David M. Ebel)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists
Doe v. City of Albuquerque, No. 10-2102 (10th Cir.) (667 F.3d 1111) (January 20, 2012) (Judge David M. Ebel) by Here the Court grudgingly rejected a ban enacted by the City of Albuquerque on the use of public libraries by convicted sex offenders after the City offered no evidence showing …
Reynolds v. U.S., No. 10-6549 (U.S. Supreme Court) (565 U.S. 432; 132 S.Ct. 975) (January 23, 2012) (Justice Breyer)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists
Reynolds v. U.S., No. 10-6549 (U.S. Supreme Court) (565 U.S. 432; 132 S.Ct. 975) (January 23, 2012) (Justice Breyer) by The federal Sex Offender Registration and Notification Act (herein “SORNA” or the “Act”), 42 U. S. C. §16901 et seq., requires those convicted of certain sex crimes to provide state …
Lebron v. Rumsfeld, No. 11-6480 (4th Cir.) (670 F.3d 540) (January 23, 2012) (Judge J. Harvie III Wilkinson)
Article • February 6, 2012 • from P&J February, 2012
Filed under: Punch And Jurists, Clearly Established Rights
Lebron v. Rumsfeld, No. 11-6480 (4th Cir.) (670 F.3d 540) (January 23, 2012) (Judge J. Harvie III Wilkinson) by Fourth Circuit affirms the dismissal of Jose Padilla’s Bivens action Aaainst Donald Rumsfeld and other defendants arising out of his detention as an “Enemy Combatant” by the Military. In Lebron v. …
In Re NSA Telecommunications Records Litigation, No. 09-17133 (9th Cir.) (669 F.3d 928) (December 29, 2011) (Judge M. Margaret McKeown)
Article • January 23, 2012 • from P&J January, 2012
Filed under: Punch And Jurists, Statutory Immunity
In Re NSA Telecommunications Records Litigation, No. 09-17133 (9th Cir.) (669 F.3d 928) (December 29, 2011) (Judge M. Margaret McKeown) by In Re NSA Telecom. Records Litig., 671 F.3d 881 (9th Cir. Dec. 29, 2011) (Judge Margaret McKeown) In Re NSA Telecom. Records Litig., No. 09-17133 (9th Cir. Dec. 29, …
Minneci v. Pollard, No. 10-1104 (U.S. Supreme Court) (565 U.S. 118; 132 S.Ct. 617) (January 10, 2012) (Justice Breyer)
Article • January 23, 2012 • from P&J January, 2012
Filed under: Private Prisons, Punch And Jurists
Minneci v. Pollard, No. 10-1104 (U.S. Supreme Court) (565 U.S. 118; 132 S.Ct. 617) (January 10, 2012) (Justice Breyer) by The question raised in this case was whether a Federal prisoner, incarcerated in a privately run Federal prison, could seek damages in the Federal courts from privately employed prison personnel …
Perry v. New Hampshire, No. 10-8974 (U.S. Supreme Court) (565 U.S. 228; 132 S.Ct. 176) (January 11, 2012) (Justice Ginsburg)
Article • January 23, 2012 • from P&J January, 2012
Filed under: Punch And Jurists
Perry v. New Hampshire, No. 10-8974 (U.S. Supreme Court) (565 U.S. 228; 132 S.Ct. 176) (January 11, 2012) (Justice Ginsburg) by Last May, the Supreme Court aroused a lot of excited interest when it granted certiorari in this case involving eyewitness identification testimony. Part of the excitement was generated by …
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