Search | Punch and Jurists

Gallop v. Cheney, No. 10-1241-cv (2nd Cir.) (660 F.3d 580) (October 14, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists

Gallop v. Cheney, No. 10-1241-cv (2nd Cir.) (660 F.3d 580) (October 14, 2011) (Per Curiam) by In an order arising from an action against former Vice President Cheney and several unnamed senior members of the Bush Administration for allegedly causing the attacks of September 11, sanctions are imposed on counsel …

U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (761 F.Supp.2d 167) (January 21, 2011) (Judge Lewis A. Kaplan)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (761 F.Supp.2d 167) (January 21, 2011) (Judge Lewis A. Kaplan) by [Editor's Note: For a commentary on this decision, see "Kaplan Rejects Bid to Upset Conviction in Bombing Case," by Mark Hamblett, as published in the New York Law Journal …

U.S. v. Spencer, No. 10-1869-cr (2nd Cir.) (640 F.3d 513) (May 20, 2011) (Judge Rosemary S. Pooler)

Article • December 1, 2011

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Spencer, No. 10-1869-cr (2nd Cir.) (640 F.3d 513) (May 20, 2011) (Judge Rosemary S. Pooler) by Imposition of a prison term following revocation of supervised release is vacated where: 1) the district court retained jurisdiction to revoke supervised release because delays in adjudicating the revocation petition were reasonably …

U.S. v. Clark, No. 09-3462-cr (2nd Cir.) (638 F.3d 89) (March 8, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. Clark, No. 09-3462-cr (2nd Cir.) (638 F.3d 89) (March 8, 2011) (Judge Reena Raggi) by In a criminal proceeding alleging two counts of unlawful possession of cocaine base, district court judgment suppressing evidence seized pursuant to a defective search warrant is vacated because the good faith exception to …

U.S. v. Gray, No. 10-1266-cr (L) (2nd Cir.) (642 F.3d 371) (April 28, 2011) (Judge Robert A. Katzmann)

Article • December 1, 2011

Filed under: Excessive Force, Punch And Jurists

U.S. v. Gray, No. 10-1266-cr (L) (2nd Cir.) (642 F.3d 371) (April 28, 2011) (Judge Robert A. Katzmann) by Applying a Sarbanes-Oxley Act section that tightened provisions on the destruction or fabrication of evidence, the 2nd Circuit upheld obstruction-of-justice convictionsagainst two guards at a private prison facility stemming from an …

Whitley v. Ercole, No. 10-3119-pr (2nd Cir.) (642 F.3d 278) (June 7, 2011) (Judge Debra Ann Livingston)

Article • December 1, 2011

Filed under: Punch And Jurists, Failure to Object/Late Objections

Whitley v. Ercole, No. 10-3119-pr (2nd Cir.) (642 F.3d 278) (June 7, 2011) (Judge Debra Ann Livingston) by In a petition for habeas relief from defendant’s conviction for murder, judgment of the district granting relief on the basis of the trial court’s failure to inform jury that testimony provided by …

U.S. v. Krupa, No. 09-10396 (9th Cir.) (658 F.3d 1174) (September 30, 2011) (Judge Consuelo M. Callahan)

Article • December 1, 2011

Filed under: Punch And Jurists, Probable Cause

U.S. v. Krupa, No. 09-10396 (9th Cir.) (658 F.3d 1174) (September 30, 2011) (Judge Consuelo M. Callahan) by Peter Krupa was staying at the house of a friend at the Edwards Air Force Base in California, when the military police arrived, looking for the owner. The military police observed that …

Dillon v. Conway, No. 08-4030-pr (2nd Cir.) (642 F.3d 358) (April 26, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists

Dillon v. Conway, No. 08-4030-pr (2nd Cir.) (642 F.3d 358) (April 26, 2011) (Per Curiam) by In a dispute involving a petition for habeas relief submitted one-day late, judgment of the district court denying petition as time-barred, 28 U. S. C. § 2244(d)(1)(A), is reversed because under the totality of …

U.S. v. Gonzalez, No. 10-2202-cr (2nd Cir.) (647 F.3d 41) (July 22, 2011) (Judge Amalya Lyle Kearse)

Article • December 1, 2011

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

U.S. v. Gonzalez, No. 10-2202-cr (2nd Cir.) (647 F.3d 41) (July 22, 2011) (Judge Amalya Lyle Kearse) by Conviction and sentencing of defendant, a former state senator, for mail fraud, 18 U.S.C. § 1341, and other related-charges are affirmed where the district court did not abuse its discretion in denying …

Gallop v. Cheney, No. 10-1241-cv (2nd Cir.) (642 F.3d 364) (April 27, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists

Gallop v. Cheney, No. 10-1241-cv (2nd Cir.) (642 F.3d 364) (April 27, 2011) (Judge Jose A. Cabranes) by In a dispute asserting a Bivens claim, conspiracy to cause death and great bodily harm, and a violation of the Antiterrorism Act, 18 U.S.C. § 2333(a), on the ground that defendants, former …

Brown v. U.S., No. 09-3495-pr (2nd Cir.) (636 F.3d 674) (March 1, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists

Brown v. U.S., No. 09-3495-pr (2nd Cir.) (636 F.3d 674) (March 1, 2011) (Per Curiam) by In this appeal of the denial of a § 2255 motion, the Court rejected an argument that the Sentencing Guidelines’ treatment of prior convictions affected the application of the Armed Career Criminal Act (“ACCA”). …

S.E.C. v. Rosenthal, No. 10-1204-cv (2nd Cir.) (650 F.3d 156) (June 9, 2011) (Judge Robert A. Katzmann)

Article • December 1, 2011

Filed under: Punch And Jurists, Civil Penalties

S.E.C. v. Rosenthal, No. 10-1204-cv (2nd Cir.) (650 F.3d 156) (June 9, 2011) (Judge Robert A. Katzmann) by In a securities action alleging insider trading in violation of the Securities Exchange Act of 1934 (Act), 15 U.S.C. § 78u(d)(3), judgment of the district court granting the SEC partial summary judgment …

Lopez v. Terrell, No. 10-2079-pr (2nd Cir.) (654 F.3d 176) (July 13, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Good Conduct Time

Lopez v. Terrell, No. 10-2079-pr (2nd Cir.) (654 F.3d 176) (July 13, 2011) (Judge Peter W. Hall) by In a petition for habeas relief, judgment of the district court granting relief is reversed where decision not to award Good Conduct Time, 18 U.S.C. § 3624(b), for presentence time credited to …

U.S. v. Plugh, No. 10-2815-cr (2nd Cir.) (648 F.3d 118) (August 8, 2011) (Judge Debra Ann Livingston)

Article • December 1, 2011

Filed under: Punch And Jurists, Custodial Interrogations

U.S. v. Plugh, No. 10-2815-cr (2nd Cir.) (648 F.3d 118) (August 8, 2011) (Judge Debra Ann Livingston) by In a Miranda dispute concerning an order of the district court suppressing certain custodial statements by the defendant and the subsequent appellate sanction of the order, judgments of the district and appeals …

Carvajal v. Artus, No. 09-0826-pr (2nd Cir.) (633 F.3d 95) (January 25, 2011) (Judge Dennis G. Jacobs)

Article • December 1, 2011

Filed under: Punch And Jurists

Carvajal v. Artus, No. 09-0826-pr (2nd Cir.) (633 F.3d 95) (January 25, 2011) (Judge Dennis G. Jacobs) by Appeal from the denial of an application for a writ of habeas corpus, on grounds that petitioner's prosecution in New York for the unlawful possession of a controlled substance exceeded New York's …

Harper v. Ercole, No. 10-178-pr (2nd Cir.) (648 F.3d 132) (July 26, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists

Harper v. Ercole, No. 10-178-pr (2nd Cir.) (648 F.3d 132) (July 26, 2011) (Judge Reena Raggi) by In a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, judgment of the district court denying petition as untimely is reversed where a demonstration of diligence is …

M.F. v. N.Y. Exec. Dept. Division of Parole, No. 10-2074-cv (2nd Cir.) (640 F.3d 491) (April 11, 2011) (Judge Gerard E. Lynch)

Article • December 1, 2011

Filed under: Punch And Jurists, Interstate Compact for Adult Offender Supervision

M.F. v. N.Y. Exec. Dept. Division of Parole, No. 10-2074-cv (2nd Cir.) (640 F.3d 491) (April 11, 2011) (Judge Gerard E. Lynch) by In a dispute involving the scope of the Interstate Compact for Adult Offender Supervision (the Compact), judgment of the district court upholding special conditions placed on relocation …

U.S. v. Kassar, No. 09-1051-cr (2nd Cir.) (660 F.3d 108) (September 21, 2011) (Judge Dennis G. Jacobs)

Article • December 1, 2011

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Kassar, No. 09-1051-cr (2nd Cir.) (660 F.3d 108) (September 21, 2011) (Judge Dennis G. Jacobs) by Court upholds arms dealer's conviction, rejecting claims of outrageous Government conduct and entrapment. In an appeal from a judgment of the district court convicting defendants of conspiring to kill U.S. officers, to …

Collazo v. Pagano, No. 09-4650-pr (2nd Cir.) (656 F.3d 131) (September 2, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, In Forma Pauperis

Collazo v. Pagano, No. 09-4650-pr (2nd Cir.) (656 F.3d 131) (September 2, 2011) (Per Curiam) by In an appeal from a judgment of the district court revoking plaintiff-inmate's in forma pauperis status, 28 U.S.C. section 1915(g), and dismissing his Section 1983 complaint which alleged that he was improperly denied access …

U.S. v. Feldman, No. 10-2275-cr (2nd Cir.) (647 F.3d 450) (August 1, 2011) (Judge Rosemary S. Pooler)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Feldman, No. 10-2275-cr (2nd Cir.) (647 F.3d 450) (August 1, 2011) (Judge Rosemary S. Pooler) by Conviction and sentencing of defendant on one count of health care fraud, 18 U.S.C. § 1347, and five counts of wire fraud, 18 U.S.C. § 1343, are upheld because: 1) defendant committed …