Search | Punch and Jurists

U.S. v. Banki, No. 10-3381-cr (2nd Cir.) (660 F.3d 665) (October 24, 2011) (Judge Denny Chin)

Article • December 1, 2011

Filed under: Punch And Jurists, Iranian Transaction Regulations

U.S. v. Banki, No. 10-3381-cr (2nd Cir.) (660 F.3d 665) (October 24, 2011) (Judge Denny Chin) by In an appeal from a judgment of the district court convicting defendant of violating the Iranian Transactions Regulations and several related offenses, conviction and sentencing are vacated with respect to the counts for …

U.S. v. Southern Union Company, No. 09-2403 (1st Cir.) (630 F.3d 17) (December 22, 2010) (Judge Sandra L. Lynch)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Southern Union Company, No. 09-2403 (1st Cir.) (630 F.3d 17) (December 22, 2010) (Judge Sandra L. Lynch) by For a commentary on this decision, see "First Circuit uses [Oregon v.] Ice to cool claim that Apprendi applies to fine fact-findings," by Prof. Doug Berman, as posted on Sentencing …

U.S. v. Gravel, No. 10-1405 (2nd Cir.) (645 F.3d 549) (June 20, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Machine Guns

U.S. v. Gravel, No. 10-1405 (2nd Cir.) (645 F.3d 549) (June 20, 2011) (Per Curiam) by Sentencing of defendant to a prison term of 45 months pursuant to 18 U.S.C. § 922(j) and following the imposition of a six-level enhancement on the ground that the stolen weapon defendant possessed was …

U.S. v. FNU LNU, No. 10-419-cr (2nd Cir.) (653 F.3d 144) (August 9, 2011) (Judge Guido Calabresi)

Article • December 1, 2011

Filed under: Punch And Jurists, Custodial Interrogations

U.S. v. FNU LNU, No. 10-419-cr (2nd Cir.) (653 F.3d 144) (August 9, 2011) (Judge Guido Calabresi) by Conviction and sentencing of defendant for making a false statement in a passport application, misusing a passport, and aggravated identity theft, all arising from an inspection by a USCIS officer at JFK, …

U.S. v. Gansman, No. 10-0731-cr (2nd Cir.) (657 F.3d 85) (September 9, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Gansman, No. 10-0731-cr (2nd Cir.) (657 F.3d 85) (September 9, 2011) (Judge Jose A. Cabranes) by In an appeal from a judgment of the district court convicting defendant of insider trading on a “misappropriation theory,” judgment is affirmed where although defendant was entitled to assert a defense based …

Bryan v. MacPherson, No. 08-55622 (9th Cir.) (630 F.3d 805) (November 30, 2010) (Judge Kim McLane Wardlaw)

Article • December 1, 2011

Filed under: Excessive Force, Punch And Jurists

Bryan v. MacPherson, No. 08-55622 (9th Cir.) (630 F.3d 805) (November 30, 2010) (Judge Kim McLane Wardlaw) by [Editor's Note: For a commentary on this amended decision, see "Update on Bryan v. McPherson: Taser Is Intermediate Use of Force, But Officer Entitled to Qualified Immunity," by Daniel P. Barer, as …

Diouf v. Napolitano, No. 09-56774 (9th Cir.) (634 F.3d 1081) (March 7, 2011) (Judge Raymond C. Fisher)

Article • December 1, 2011

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

Diouf v. Napolitano, No. 09-56774 (9th Cir.) (634 F.3d 1081) (March 7, 2011) (Judge Raymond C. Fisher) by Here the Court held tht an individual facing prolonged immigration detention under 8 U.S.C. § 1231(a)(6) is entitled to release on bond unless the government establishes that he is a flight risk …

U.S. v. Persico, No. 08-5266-cr (L) (2nd Cir.) (645 F.3d 85) (May 3, 2011) (Judge Amalya Lyle Kearse)

Article • December 1, 2011

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Persico, No. 08-5266-cr (L) (2nd Cir.) (645 F.3d 85) (May 3, 2011) (Judge Amalya Lyle Kearse) by Conviction and sentencing of defendants for murder in the aid of racketeering, witness tampering, and conspiracy to commit witness tampering, are upheld where defendants' appeals on the grounds of insufficiency of …

U.S. v. Tejada, No. 07-3419-cr (L) (2nd Cir.) (631 F.3d 614) (February 9, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Tejada, No. 07-3419-cr (L) (2nd Cir.) (631 F.3d 614) (February 9, 2011) (Judge Reena Raggi) by [Editor's Note: For a commentary on this decision, see "Abbott Hole," by Steve Statsinger, as posted on the Second Circuit Blog on February 19, 2011 at http://circuit2.blogspot.com/2011/02/abbott-hole.html as follows: "The defendant here …

Nordyke v. King, No. 07-15763 (9th Cir.) (644 F.3d 776) (May 2, 2011) (Judge Diarmuid F. O'Scannlain)

Article • December 1, 2011

Filed under: Punch And Jurists

Nordyke v. King, No. 07-15763 (9th Cir.) (644 F.3d 776) (May 2, 2011) (Judge Diarmuid F. O'Scannlain) by A number of gun show promoters brought suit challenging county ordinance prohibiting the possession of firearms on county property, alleging that ordinance violated their First Amendment right to free speech and was …

Raysor v. U.S., No. 09-3871-pr (2nd Cir.) (647 F.3d 491) (July 27, 2011) (Judge Ralph K. Jr. Winter)

Article • December 1, 2011

Filed under: Punch And Jurists, Hearings

Raysor v. U.S., No. 09-3871-pr (2nd Cir.) (647 F.3d 491) (July 27, 2011) (Judge Ralph K. Jr. Winter) by In a petition for habaes relief from petitioner's conviction for gang and drug-related activities, judgment of the district courting denying petition is reversed where the court erred in concluding that petitioner …

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (650 F.3d 863) (June 17, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Voir Dire

U.S. v. Gupta, No. 09-4738-cr (2nd Cir.) (650 F.3d 863) (June 17, 2011) (Judge Peter W. Hall) by Conviction and sentencing of defendant on one count of immigration fraud is affirmed where the exclusion of the public from the courtroom during voir dire, though unjustified, was too trivial to implicate …

U.S. v. Figueroa, No. 10-2050-cr (L) (2nd Cir.) (647 F.3d 466) (May 26, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, Ecstasy

U.S. v. Figueroa, No. 10-2050-cr (L) (2nd Cir.) (647 F.3d 466) (May 26, 2011) (Judge Jose A. Cabranes) by Sentencing of defendant on multiple charges of possession with intent to distribute a mixture of 3, 4-Methylenedioxymethamphetamine (MDMA) is vacated where there is insufficient evidence in the record to conclude, pursuant …

U.S. v. Bruno, No. 10-1885 (2nd Cir.) (661 F.3d 733) (November 16, 2011) (Judge Barrington D. Jr. Parker)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Bruno, No. 10-1885 (2nd Cir.) (661 F.3d 733) (November 16, 2011) (Judge Barrington D. Jr. Parker) by Conviction and sentencing of defendant-former majority leader of the NY state senate for services mail fraud, 18 U.S.C. sections 1341 and 1346, are vacated and remanded where although, under US v. …

U.S. v. Elbert, No. 10-72-cr (2nd Cir.) (658 F.3d 220) (September 19, 2011) (Judge Dennis G. Jacobs)

Article • December 1, 2011

Filed under: Punch And Jurists, Anders Brief

U.S. v. Elbert, No. 10-72-cr (2nd Cir.) (658 F.3d 220) (September 19, 2011) (Judge Dennis G. Jacobs) by Plea conviction and sentencing of defendant on child sexual abuse offenses are upheld where defendant's Anders motion and the government's motion for summary affirmance are affirmed without remand because although compliance with …

U.S. v. Weingarten, No. 09-2043-cr (2nd Cir.) (632 F.3d 60) (January 18, 2011) (Judge Debra Ann Livingston)

Article • December 1, 2011

Filed under: Punch And Jurists, Foreign Crimes/Conduct

U.S. v. Weingarten, No. 09-2043-cr (2nd Cir.) (632 F.3d 60) (January 18, 2011) (Judge Debra Ann Livingston) by Defendant's conviction for travel with intent to engage in illicit sexual conduct is reversed where travel by a U.S. citizen between two foreign countries, absent any territorial nexus to the U.S., did …

U.S. v. Rosa, No. 09-0636-cr (2nd Cir.) (634 F.3d 639) (March 8, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Particularity Requirement

U.S. v. Rosa, No. 09-0636-cr (2nd Cir.) (634 F.3d 639) (March 8, 2011) (Per Curiam) by [Editor's Note: For a commentary on this decision, see "Man Fails to Win Rehearing on Deficiency of Search Warrant," by Mark Hamblett, as published in the New York Law Journal on March 11, 2011 …

U.S. v. Pescatore, No. 10-0520-cr (2nd Cir.) (637 F.3d 128) (February 23, 2011) (Judge Amalya Lyle Kearse)

Article • December 1, 2011

Filed under: Punch And Jurists, Discretion of the Attorney General

U.S. v. Pescatore, No. 10-0520-cr (2nd Cir.) (637 F.3d 128) (February 23, 2011) (Judge Amalya Lyle Kearse) by In a criminal action involving the conviction of defendant for operating chop shops in violation of 18 USC § 2322, and of extortion offenses in violation of 18 USC § 1951, denial …

U.S. v. Potes-Castillo, No. 07-5518-cr (2nd Cir.) (638 F.3d 106) (March 14, 2011) (Judge Stefan R. Underhill)

Article • December 1, 2011

Filed under: Punch And Jurists

U.S. v. Potes-Castillo, No. 07-5518-cr (2nd Cir.) (638 F.3d 106) (March 14, 2011) (Judge Stefan R. Underhill) by Sentencing of defendant is vacated because prior criminal history may be excluded under U.S.S.G. § 4A1.2(c)(1) if it is similar to an offense listed in the Sentencing Guidelines. [Editor's Note: For some …

Morales v. U.S., No. 04-0858-pr (2nd Cir.) (635 F.3d 39) (March 11, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Counsel - Effective Assistance of

Morales v. U.S., No. 04-0858-pr (2nd Cir.) (635 F.3d 39) (March 11, 2011) (Judge Peter W. Hall) by [Editor's Note: For a commentary on this decision, see "Nothing Special," by Steve Statsinger, as posted on the Second Circuit Blog on March 20, 2011 at http://circuit2.blogspot.com/2011/03/nothing-special.html as follows: Although decisions in …