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U.S. v. Tickles, No. 10-30852 (5th Cir.) (661 F.3d 212) (October 19, 2011) (Per Curiam)
Article • October 31, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, General Savings Statute
U.S. v. Tickles, No. 10-30852 (5th Cir.) (661 F.3d 212) (October 19, 2011) (Per Curiam) by This decision is the latest in a long series of conflicting rulings over the issue of the retroactivity of the Fair Sentencing Act of 2010 (“FSA”) (Pub.L. No. 111–220, 124 Stat 2372). The FSA …
U.S. v. Mosley, No. 2:09-849 (D.N.J.) ( F.Supp.2d ) (April 27, 2011) (Judge William J. Martini)
Article • October 31, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Excessive Charges
U.S. v. Mosley, No. 2:09-849 (D.N.J.) ( F.Supp.2d ) (April 27, 2011) (Judge William J. Martini) by There is little doubt that the budget crises across the country are already having a noticeable impact on the criminal justice system. For example, starved for cash, states are forcing the judiciaries to …
U.S. v. Rizk, No. 10-50051 (9th Cir.) (660 F.3d 1125) (October 19, 2011) (Judge Ronald M. Gould)
Article • October 31, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Release - Effect of
U.S. v. Rizk, No. 10-50051 (9th Cir.) (660 F.3d 1125) (October 19, 2011) (Judge Ronald M. Gould) by The defendant in this case, Lila Rizk, a licensed real estate appraiser, was convicted of a number of crimes arising out of her participation in a scheme to defraud mortgage lenders in …
U.S. v. Lente, No. 10-2194 (10th Cir.) (647 F.3d 1021) (July 29, 2011) (Judge Scott M. Jr. Matheson)
Article • October 17, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Failure to Consider
U.S. v. Lente, No. 10-2194 (10th Cir.) (647 F.3d 1021) (July 29, 2011) (Judge Scott M. Jr. Matheson) by Here the Court vacated, as procedurally unreasonable, a 192-month sentence on the grounds that the district court did not “expressly consider” 18 U.S.C. § 3553(a)(6) and its directive that sentences must …
U.S. v. Johnson, No. 09-31106 (5th Cir.) (648 F.3d 273) (July 28, 2011) (Judge Patrick E. Higginbotham)
Article • October 17, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Prior Arrests
U.S. v. Johnson, No. 09-31106 (5th Cir.) (648 F.3d 273) (July 28, 2011) (Judge Patrick E. Higginbotham) by Here a divided panel held that a district court’s consideration at a sentencing hearing of the defendant’s five prior arrests violated due process since such arrests, standing alone, do not constitute reliable …
Mohammed v. Holder, No. 07-cv-02697 (D.Colo.) ( F.Supp.2d ) (September 29, 2011) (Judge Marcia S. Krieger)
Article • October 17, 2011 • from P&J October, 2011
Filed under: Punch And Jurists
Mohammed v. Holder, No. 07-cv-02697 (D.Colo.) ( F.Supp.2d ) (September 29, 2011) (Judge Marcia S. Krieger) by In this case, Judge Krieger upheld a convicted terrorist’s contention that he has a First Amendment right to challenge strict prison rules that effectively bar him from almost all communications with the outside …
Vidrine v. U.S., No. 6:07-CV-1204-RFD-KK (W.D.La.) (2011 WL 7047837) (September 30, 2011) (Judge Rebecca F. Doherty)
Article • October 17, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Punitive Damages
Vidrine v. U.S., No. 6:07-CV-1204-RFD-KK (W.D.La.) (2011 WL 7047837) (September 30, 2011) (Judge Rebecca F. Doherty) by Here the Court ordered the Government to pay $1.7 in actual damages after finding that the Government had prosecuted the plaintiff with malice and without probable cause, based principally on the false and …
Heller v. District of Columbia, No. 10-7036 (D.C. Cir.) (670 F.3d 1244) (October 4, 2011) (Judge Douglas Ginsburg)
Article • October 17, 2011 • from P&J October, 2011
Filed under: Punch And Jurists
Heller v. District of Columbia, No. 10-7036 (D.C. Cir.) (670 F.3d 1244) (October 4, 2011) (Judge Douglas Ginsburg) by Here a divided panel held that the District of Columbia’s revised bans on assault weapons and large capacity magazines do not violate the Second Amendment’s right to keep and bear arms; …
U.S. v. Rogers, No. 09-2405 (1st Cir.) (659 F.3d 74) (October 4, 2011) (Justice Souter)
Article • October 17, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Custodial Interrogations
U.S. v. Rogers, No. 09-2405 (1st Cir.) (659 F.3d 74) (October 4, 2011) (Justice Souter) by In this case, a panel from the First Circuit addressed two separate Miranda issues (see, Miranda v. Arizona, 384 U.S. 436 (1966)) - one relating to custodial interrogations, and the other relating the sufficiency …
U.S. v. Jayyousi, No. 08-10494 (11th Cir.) (657 F.3d 1085) (September 19, 2011) (Judge Joel F. Dubina)
Article • October 3, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Substantive Reasonableness
U.S. v. Jayyousi, No. 08-10494 (11th Cir.) (657 F.3d 1085) (September 19, 2011) (Judge Joel F. Dubina) by Here a divided panel from the 11th Circuit vacated, as too lenient, the 17½ year sentence imposed on Jose Padilla after his conviction on various terrorism crimes in Florida, calling the sentence …
U.S. v. Pendleton, No. 10-1818 (3rd Cir.) (658 F.3d 299) (September 7, 2011) (Judge Thomas Michael Hardiman)
Article • October 3, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Foreign Commerce Clause
U.S. v. Pendleton, No. 10-1818 (3rd Cir.) (658 F.3d 299) (September 7, 2011) (Judge Thomas Michael Hardiman) by In 2005, Thomas Pendleton boarded a plane in New York City bound for Hamburg, Germany. Six months after his arrival there, he sexually assaulted a 15-year-old boy. German authorities arrested him, and …
Al Haramain Islamic Foundation v. U.S. Dept. of Treasury, No. 10-35032 (9th Cir.) (686 F.3d 965) (September 23, 2011) (Judge Susan P. Graber)
Article • October 3, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Office of Foreign Assets Control (OFAC)
Al Haramain Islamic Foundation v. U.S. Dept. of Treasury, No. 10-35032 (9th Cir.) (686 F.3d 965) (September 23, 2011) (Judge Susan P. Graber) by The Al Haramain Islamic Foundation (“AHIF”), was a non-profit organization, incorporated in Oregon, whose stated purpose was to promote greater understanding of Islam. In 2004, because …
U.S. v. Fitch, No. 07-10607 (9th Cir.) (659 F.3d 788) (September 23, 2011) (Judge Frederic Block)
Article • October 3, 2011 • from P&J October, 2011
Filed under: Punch And Jurists
U.S. v. Fitch, No. 07-10607 (9th Cir.) (659 F.3d 788) (September 23, 2011) (Judge Frederic Block) by Here a divided panel affirmed as substantively reasonable an upward departure of some 17 years imposed on the defendant after the district court found he was guilty of the crime of premeditated murder, …
Benavides v. Bureau of Prisons, No. 09-2026 (JEB) (D.D.C.) (774 F.Supp.2d 141) (March 30, 2011) (Judge Richard W. Roberts)
Article • October 3, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Exemption 7
Benavides v. Bureau of Prisons, No. 09-2026 (JEB) (D.D.C.) (774 F.Supp.2d 141) (March 30, 2011) (Judge Richard W. Roberts) by Court Holds That The BOP’s Withholding of Recorded Conversations Under FOIA’s Law Enforcement Exemption Was Not Justified. In this case, the plaintiff, Eduardo Benavides, filed a request pursuant to the …
U.S. v. Sanabria, No. 09-2298 (1st Cir.) (645 F.3d 505) (July 11, 2011) (Judge Kermit A. Lipez)
Article • October 3, 2011 • from P&J October, 2011
Filed under: Punch And Jurists, Reliability of the Verdict
U.S. v. Sanabria, No. 09-2298 (1st Cir.) (645 F.3d 505) (July 11, 2011) (Judge Kermit A. Lipez) by Felix Morales Sanabria (who was referred to by the Court as “Morales”) is a commercial fisherman in Puerto Rico who goes by the nickname “El Chapo.” He was convicted on multiple drug …
U.S. v. Dugan, No. 08-10579 (9th Cir.) (657 F.3d 998) (September 20, 2011) (Judge Susan P. Graber)
Article • October 3, 2011 • from P&J October, 2011
Filed under: Punch And Jurists
U.S. v. Dugan, No. 08-10579 (9th Cir.) (657 F.3d 998) (September 20, 2011) (Judge Susan P. Graber) by Ninth Circuit Joins With Seventh and Eighth Circuits in Rejecting a Second Amendment Challenge to Federal Law Criminalizing Gun Possession by Drug Addicts. In this case, the Ninth Circuit joined with decisions …
Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (667 F.3d 163) (September 21, 2011) (Per Curiam)
Article • October 3, 2011 • from P&J October, 2011
Filed under: Standing, Punch And Jurists
Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (667 F.3d 163) (September 21, 2011) (Per Curiam) by By almost any standards, it has become virtually impossible to get a Federal court, in the aftermath of 9/11, even to consider a complaint that the Government’s many, secret eavesdropping programs violate …
U.S. v. Bristol, No. 10-CR-36 (NGG) (E.D.N.Y.) (819 F.Supp.2d 135) (September 2, 2011) (Judge Nicholas G. Garaufis)
Article • September 19, 2011 • from P&J September, 2011
Filed under: Punch And Jurists, Hunches
U.S. v. Bristol, No. 10-CR-36 (NGG) (E.D.N.Y.) (819 F.Supp.2d 135) (September 2, 2011) (Judge Nicholas G. Garaufis) by In this case, District Judge Nicholas Garaufis of the E.D.N.Y. granted a motion to suppress evidence of a gun seized from a passenger in a car that was stopped by three New …
Floyd v. City of New York, No. 08 Civ. 1034(SAS) (S.D.N.Y.) (813 F.Supp.2d 417) (August 31, 2011) (Judge Shira A. Scheindlin)
Article • September 19, 2011 • from P&J September, 2011
Filed under: Punch And Jurists
Floyd v. City of New York, No. 08 Civ. 1034(SAS) (S.D.N.Y.) (813 F.Supp.2d 417) (August 31, 2011) (Judge Shira A. Scheindlin) by During the period from 2004 through 2009, New York City police officers stopped people on the street and checked them out nearly three million times. Many were patted …
U.S. v. Aumais, No. 10-3160-cr (2nd Cir.) (656 F.3d 147) (September 8, 2011) (Judge Dennis G. Jacobs)
Article • September 19, 2011 • from P&J September, 2011
Filed under: Punch And Jurists
U.S. v. Aumais, No. 10-3160-cr (2nd Cir.) (656 F.3d 147) (September 8, 2011) (Judge Dennis G. Jacobs) by Here the Court joined the majority of Circuits in holding that a victim of child pornography should not receive any restitution payments under 18 U.S.C. § 2259 from those who possessed images …
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