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U.S. v. C.R., No. 09-CR-155 (E.D.N.Y.) (792 F.Supp.2d 343) (May 16, 2011) (Judge Jack B. Weinstein)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Eighth Amendment, Punch And Jurists

U.S. v. C.R., No. 09-CR-155 (E.D.N.Y.) (792 F.Supp.2d 343) (May 16, 2011) (Judge Jack B. Weinstein) by Once again boldly challenging (if not defying) the Second Circuit, and once again attacking the premises and validity of both the child pornography laws and some of the many mandatory minimum sentencing laws, …

Garcia-Torres v. Holder, No. 10-2307 (8th Cir.) (660 F.3d 333) (October 28, 2011) (Judge Susan Richard Nelson)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists

Garcia-Torres v. Holder, No. 10-2307 (8th Cir.) (660 F.3d 333) (October 28, 2011) (Judge Susan Richard Nelson) by In a scenario that seems to play out every day in the Federal courts these days, Jose Garcia-Torres, a native and citizen of Mexico, was arrested by local police officers in Missouri; …

U.S. v. Kubeczko, No. 10-3416 (7th Cir.) (660 F.3d 260) (September 21, 2011) (Judge Richard A. Posner)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists

U.S. v. Kubeczko, No. 10-3416 (7th Cir.) (660 F.3d 260) (September 21, 2011) (Judge Richard A. Posner) by Here the Court held that the district court violated the Supreme Court’s rule in Tapia v. U.S. by increasing the defendant’s sentence to provide additional time for the treatment of the his …

Judulang v. Holder, No. 10-694 (U.S. Supreme Court) (565 U.S. 42; 132 S.Ct. 476) (December 12, 2011) (Justice Kagan)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Section 212(c) Waiver

Judulang v. Holder, No. 10-694 (U.S. Supreme Court) (565 U.S. 42; 132 S.Ct. 476) (December 12, 2011) (Justice Kagan) by In this unusually arcane immigration case, the Supreme Court addressed the Board of Immigration Appeals’ (BIA) complex policy for deciding when resident aliens may apply to the Attorney General for …

U.S. v. Chavez, No. 10-2273 (10th Cir.) (660 F.3d 1215) (October 18, 2011) (Judge Scott M. Jr. Matheson)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists

U.S. v. Chavez, No. 10-2273 (10th Cir.) (660 F.3d 1215) (October 18, 2011) (Judge Scott M. Jr. Matheson) by Among the many issues addressed by the Tenth Circuit in this case was the defendant’s challenge to his designation as a career offender under U.S.S.G. § 4B1.1 based on his prior …

U.S. v. Flores, No. 11-1550 (8th Cir.) (663 F.3d 1022) (December 16, 2011) (Per Curiam)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Illegal Aliens

U.S. v. Flores, No. 11-1550 (8th Cir.) (663 F.3d 1022) (December 16, 2011) (Per Curiam) by Here, citing the decision and reasoning of the Fifth Circuit in U.S. v. Portillo-Munoz, 643 F.3d 437 (5th Cir. June 13, 2011) (petition for cert. filed Nov. 2, 2011) (P&J, 07/11/11), the Eighth Circuit …

I.N.S. v. St. Cyr, No. 00-767 (U.S. Supreme Court) (533 U.S. 289; 121 S.Ct. 2271) (June 25, 2001) (Justice Stevens)

Article • December 21, 2011 • from P&J June, 2001

Filed under: Retroactivity, Punch And Jurists

I.N.S. v. St. Cyr, No. 00-767 (U.S. Supreme Court) (533 U.S. 289; 121 S.Ct. 2271) (June 25, 2001) (Justice Stevens) by Calcano-Martinez v. I.N.S., 533 U.S. 348 (2001) (Justice Stevens) I.N.S. v. St. Cyr, 533 U.S. 289 (2001) (Justice Stevens) In this pair of decisions, the Supreme Court held that …

Brown v. Montoya, No. 10-2269 (10th Cir.) (662 F.3d 1152) (November 8, 2011) (Judge Scott M. Jr. Matheson)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Immunity

Brown v. Montoya, No. 10-2269 (10th Cir.) (662 F.3d 1152) (November 8, 2011) (Judge Scott M. Jr. Matheson) by This is an interesting decision involving a civil rights lawsuit, pursuant to 42 U.S.C. § 1983, brought by a New Mexico probationer, Ray Brown, against his state probation officer, Daniel Montoya, …

U.S. v. Bellaizac-Hurtado, No. 11-14049 (11th Cir.) (700 F.3d 1245) (November 6, 2012) (Judge William H. Jr. Pryor)

Article • December 12, 2011 • from P&J December, 2012

Filed under: Punch And Jurists

U.S. v. Bellaizac-Hurtado, No. 11-14049 (11th Cir.) (700 F.3d 1245) (November 6, 2012) (Judge William H. Jr. Pryor) by Here the Eleventh Circuit held that the Maritime Drug Enforcement Act (46 USC §§ 70503(a) and 70506) was unconstitutional as applied to the defendants and it vacated the convictions of four …

U.S. v. Perez, No. 09-4150 (4th Cir.) (661 F.3d 189) (November 2, 2011) (Judge Roger L. Gregory)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists

U.S. v. Perez, No. 09-4150 (4th Cir.) (661 F.3d 189) (November 2, 2011) (Judge Roger L. Gregory) by In this case, the Fourth Circuit held that an enhancement for obstruction of justice under U.S.S.G. § 3C1.1 is not a foregone conclusion when a defendant testifies and gives testimony that te …

U.S. v. Weaver, No. 10-4885 (4th Cir.) (659 F.3d 353) (October 25, 2011) (Judge J. Harvie III Wilkinson)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, "Employed For" a Convicted Felon

U.S. v. Weaver, No. 10-4885 (4th Cir.) (659 F.3d 353) (October 25, 2011) (Judge J. Harvie III Wilkinson) by In this case, the Court addressed a question regarding the meaning and intent of 18 U.S.C. § 922(h), one of the many sweeping Federal gun prohibition statutes, which prohibits a person …

U.S. v. Richardson, No. 11-1202 (3rd Cir.) (658 F.3d 333) (September 23, 2011) (Judge D. Brooks Smith)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Concealment

U.S. v. Richardson, No. 11-1202 (3rd Cir.) (658 F.3d 333) (September 23, 2011) (Judge D. Brooks Smith) by The defendant in this case, Asya Richardson, was the fiancee of Alton Coles, the reputed leader of a drug ring responsible for selling large amounts of cocaine and cocaine base in the …

U.S. v. Fulford, No. 10-12916 (11th Cir.) (662 F.3d 1174) (November 14, 2011) (Judge Edward E. Carnes)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Proof of Age

U.S. v. Fulford, No. 10-12916 (11th Cir.) (662 F.3d 1174) (November 14, 2011) (Judge Edward E. Carnes) by Here the Court vacated a five-level sentencing enhancement imposed pursuant to U.S.S.G. § 2G2.2(b)(3) for distribution of child pornography to a minor because the Government had failed to prove that the recipient …

U.S. v. Leal-Felix, No. 09-50426 (9th Cir.) (665 F.3d 1037) (November 30, 2011) (Judge N. Randy Smith)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Traffc Stops

U.S. v. Leal-Felix, No. 09-50426 (9th Cir.) (665 F.3d 1037) (November 30, 2011) (Judge N. Randy Smith) by Here the en banc court, by a 10-1 vote, reversed an earlier, highly-contentious decision by a divided panel and held that a traffic stop is not a formal “arrest” for purposes of …

U.S. v. Tadio, No. 10-10144 (9th Cir.) (663 F.3d 1042) (November 21, 2011) (Judge William A. Fletcher)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Tadio, No. 10-10144 (9th Cir.) (663 F.3d 1042) (November 21, 2011) (Judge William A. Fletcher) by When considering a departure for post-sentence substantial assistance, the district court may consider other factors in order to ensure that the sentence ultimately imposed accords with the purposes of sentencing that Congress …

U.S. v. Lee, No. 10-3117 (7th Cir.) (659 F.3d 619) (October 3, 2011) (Judge Charles N. Jr. Clevert)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Consumer Credit Protection Act (CCPA)

U.S. v. Lee, No. 10-3117 (7th Cir.) (659 F.3d 619) (October 3, 2011) (Judge Charles N. Jr. Clevert) by It seems that, no matter how many times the courts uphold the various anti-alienation statutes that protect certain funds from attached or garnished to satisfy restitution awards ordered in criminal cases, …

Diop v. ICE/Homeland Security, No. 10-1113 (3rd Cir.) (656 F.3d 221) (September 1, 2011) (Judge Julio M. Fuentes)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Limitations on Period of Detention

Diop v. ICE/Homeland Security, No. 10-1113 (3rd Cir.) (656 F.3d 221) (September 1, 2011) (Judge Julio M. Fuentes) by Cheikh Diop was arrested on March 19, 2008 by agents of the Bureau of Immigration and Customs Enforcement (“ICE”) who charged him, under 8 U.S.C. § 1226(c), as a removable alien …

U.S. v. Ferguson, No. 08-6211-cr (L) (2nd Cir.) (676 F.3d 260) (December 19, 2011) (Judge Dennis G. Jacobs)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Ferguson, No. 08-6211-cr (L) (2nd Cir.) (676 F.3d 260) (December 19, 2011) (Judge Dennis G. Jacobs) by Judgments of conviction of insurance company executives for conspiracy, mail fraud, securities fraud, and making false statements to the Securities and Exchange Commission are vacated and cases are remanded for a …

U.S. v. Hotaling, No. 09-3935-cr (2nd Cir.) (634 F.3d 725) (February 28, 2011) (Judge Jane A. Restani)

Article • December 1, 2011

Filed under: First Amendment, Punch And Jurists

U.S. v. Hotaling, No. 09-3935-cr (2nd Cir.) (634 F.3d 725) (February 28, 2011) (Judge Jane A. Restani) by Conviction and sentencing of defendant pursuant to 18 U.S.C. §§ 252A(a)(5)(8) and 2256(8)(C) affirmed because child pornography created by digitally altering sexually explicit photographs of adults to display the face of a …

U.S. v. Archer, No. 10-4683-cr (2nd Cir.) (671 F.3d 149) (September 20, 2011) (Judge Guido Calabresi)

Article • December 1, 2011

Filed under: Punch And Jurists, Visa Fraud

U.S. v. Archer, No. 10-4683-cr (2nd Cir.) (671 F.3d 149) (September 20, 2011) (Judge Guido Calabresi) by In an appeal from the conviction and sentencing of defendant for visa fraud and conspiracy to commit visa fraud, conviction and sentencing are upheld where defendant's appellate challenges on the grounds that the …