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U.S. v. Washington, No. 16-2795 (3rd Cir.) (869 F.3d 193) (August 28, 2017) (Judge Julio M. Fuentes)

Article • October 30, 2017 • from P&J October, 2017

Filed under: Punch And Jurists

U.S. v. Washington, No. 16-2795 (3rd Cir.) (869 F.3d 193) (August 28, 2017) (Judge Julio M. Fuentes) by This case involved the conviction and sentencing of one Askia Washington for his participation in a fictitious “stash-house robbery” that was totally created by the Government. Judge Fuentes, writing for the 2-1 …

U.S. v. Quintanilla, No. 16-50677 (5th Cir.) (868 F.3d 315) (August 16, 2017) (Per Curiam)

Article • October 30, 2017 • from P&J October, 2017

Filed under: Punch And Jurists, Based on a sentencing range subsequently lowered by the Sentencing Commission

U.S. v. Quintanilla, No. 16-50677 (5th Cir.) (868 F.3d 315) (August 16, 2017) (Per Curiam) by On April 30, 2014, the U.S. Sentencing Commission voted to lower the drug quantity table by two offense levels, effective as of November 1, 2014; and that quickly became known as the “drugs minus …

U.S. v. Flowers, No. 15-3988 (2nd Cir.) ( F.3d ) (October 25, 2017) (Per Curiam)

Article • October 30, 2017 • from P&J October, 2017

Filed under: Punch And Jurists

U.S. v. Flowers, No. 15-3988 (2nd Cir.) ( F.3d ) (October 25, 2017) (Per Curiam) by This stash house robbery case is noted for Judge Stranch’s concurring opinion in which she lashed out against the contonued use of such ploys which give the Government the “virtually unfettered ability to inflate …

Blight v. City of Manteca, No. 2:15-cv-2513 (E.D.Cal.) ( F.Supp.3d ) (February 10, 2017)

Article • October 30, 2017 • from P&J October, 2017

Filed under: Punch And Jurists

Blight v. City of Manteca, No. 2:15-cv-2513 (E.D.Cal.) ( F.Supp.3d ) (February 10, 2017) by Blight v. City of Manteca, 244 F. Supp. 3d 1073 (E.D. Cal. Feb. 10, 2017) (Magistrate Judge) Blight v. City of Manteca, Civ. No. 2:15-cv-2513 (E.D. Cal. May 23, 2017) (District Judge William Shubb) These …

U.S. v. Trent, No. 16-3960 (7th Cir.) (863 F.3d 699) (July 13, 2017) (Judge Michael S. Kanne)

Article • October 30, 2017 • from P&J October, 2017

Filed under: Punch And Jurists, Sentences Received

U.S. v. Trent, No. 16-3960 (7th Cir.) (863 F.3d 699) (July 13, 2017) (Judge Michael S. Kanne) by This decision is anther frustrating example of how the judiciary sometimes becomes the prosecution’s (unwitting?) partner in shielding Government informants and witnesses from hostile attacks by defense counsel at criminal trials in …

Blight v. City of Manteca, No. 2:15-cv-2513 WBS AC (E.D.Cal.) ( F.Supp.3d ) (May 23, 2017) (Judge William B. Shubb)

Article • October 30, 2017 • from P&J October, 2017

Filed under: Punch And Jurists

Blight v. City of Manteca, No. 2:15-cv-2513 WBS AC (E.D.Cal.) ( F.Supp.3d ) (May 23, 2017) (Judge William B. Shubb) by Here the Court issued a rare order approving the deposition of a CI in a civil rights case where the plaintiff alleged that her constitutional rights were violated when …

U.S. v. Maclaren, No. 16-6291 (4th Cir.) (866 F.3d 212) (August 2, 2017) (Judge Albert Diaz)

Article • October 16, 2017 • from P&J October, 2017

Filed under: Punch And Jurists

U.S. v. Maclaren, No. 16-6291 (4th Cir.) (866 F.3d 212) (August 2, 2017) (Judge Albert Diaz) by Probably no provision of the Adam Walsh Child Protection and Safety Act of 2006 Is more controversial or more contested than the provisions of 18 U.S.C. § 4248, which authorizes the Federal government …

U.S. v. $31,000 in U.S. Currency, No. 16-4279 (6th Cir.) (872 F.3d 342) (September 20, 2017) (Judge Alice M. Batchelder)

Article • October 16, 2017 • from P&J October, 2017

Filed under: Punch And Jurists, Proof of Ownership

U.S. v. $31,000 in U.S. Currency, No. 16-4279 (6th Cir.) (872 F.3d 342) (September 20, 2017) (Judge Alice M. Batchelder) by Here the Court firmly rejected the Government’s contention that a claimant to property seized by the Government under 21 U.S.C. § 881 can be denied “statutory standing” if he …

Porter v. Clarke, No. 16-7044 (4th Cir.) (852 F.3d 358) (March 24, 2017) (Judge James A. Jr. Wynn)

Article • October 16, 2017 • from P&J October, 2017

Filed under: Mootness, Punch And Jurists

Porter v. Clarke, No. 16-7044 (4th Cir.) (852 F.3d 358) (March 24, 2017) (Judge James A. Jr. Wynn) by This is an interesting decision in which the Fourth Circuit vacated a district court ruling that dismissed a Bivens action against prison officials over the conditions of confinement of death row …

U.S. v. Doe, No. 15-50259 (9th Cir.) (870 F.3d 991) (September 12, 2017) (Judge Morgan Christen)

Article • October 16, 2017 • from P&J October, 2017

Filed under: Punch And Jurists

U.S. v. Doe, No. 15-50259 (9th Cir.) (870 F.3d 991) (September 12, 2017) (Judge Morgan Christen) by The Defendant in this case, who was identified as “John Doe” for security purposes, pled guilty to importing a controlled substances into the United States; and, as provided in his plea agreement, he …

U.S. v. Lewis, No. 16-3308 (8th Cir.) (864 F.3d 937) (July 27, 2017) (Judge William Duane Benton)

Article • September 25, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Immediately Apparent

U.S. v. Lewis, No. 16-3308 (8th Cir.) (864 F.3d 937) (July 27, 2017) (Judge William Duane Benton) by This decision is noted for the Eighth Circuit’s emphatic rejection of the Government’s claimed use of the “plain view” exception to the Fourth Amendment’s warrant requirement, because of the Government’s failure to …

U.S. v. Schock, No. 16-2503 (6th Cir.) (862 F.3d 563) (July 10, 2017) (Judge Julia Smith Gibbons)

Article • September 25, 2017 • from P&J September, 2017

Filed under: Punch And Jurists

U.S. v. Schock, No. 16-2503 (6th Cir.) (862 F.3d 563) (July 10, 2017) (Judge Julia Smith Gibbons) by Few components of the Federal Sentencing Guidelines are more mystifying or can produce weirder results than the concept of “relevant conduct” - a concept that Judge Newman of the Second Circuit once …

U.S. v. Doe, No. 17-604 (10th Cir.) (865 F.3d 1295) (August 4, 2017) (Judge Nancy L. Moritz)

Article • September 25, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Contract Law Principles

U.S. v. Doe, No. 17-604 (10th Cir.) (865 F.3d 1295) (August 4, 2017) (Judge Nancy L. Moritz) by In 1992, the Supreme Court issued its ruling in Wade v. United States, 504 U.S. 181 (1992), in which it generally limited judicial review of prosecutorial decisions involving the Government's refusal to …

U.S. v. Calhoun, No. 16-cr-92 (SRU) (D.Conn.) (236 F.Supp.3d 537) (February 16, 2017) (Judge Stefan R. Underhill)

Article • September 25, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Emergency Aid Doctrine

U.S. v. Calhoun, No. 16-cr-92 (SRU) (D.Conn.) (236 F.Supp.3d 537) (February 16, 2017) (Judge Stefan R. Underhill) by Another of the many exceptions to the general rule that warrantless searches are per se unreasonable is the “emergency aid” doctrine, which has been described by the Supreme Court as follows: “Law …

U.S. v. Chamberlain, No. 16-4313 (4th Cir.) (868 F.3d 290) (August 18, 2017) (Judge James A. Jr. Wynn)

Article • September 25, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Chamberlain, No. 16-4313 (4th Cir.) (868 F.3d 290) (August 18, 2017) (Judge James A. Jr. Wynn) by It took nearly three decades, but the Fourth Circuit, sitting en banc, has finally agreed to join with the rest of the Federal Circuit Courts in holding that one of the …

U.S. v. $11,500 in U.S. Currency, No. 14-35717 (9th Cir.) (869 F.3d 1062) (September 5, 2017) (Judge Jay S. Bybee)

Article • September 11, 2017 • from P&J September, 2017

Filed under: Punch And Jurists

U.S. v. $11,500 in U.S. Currency, No. 14-35717 (9th Cir.) (869 F.3d 1062) (September 5, 2017) (Judge Jay S. Bybee) by

U.S. v. Maddux, No. Crom. No. 14-20-DLB-EBA (E.D.Ky.) ( F.Supp.3d ) (January 17, 2017) (Judge David L. Bunning)

Article • September 11, 2017 • from P&J September, 2017

Filed under: Punch And Jurists

U.S. v. Maddux, No. Crom. No. 14-20-DLB-EBA (E.D.Ky.) ( F.Supp.3d ) (January 17, 2017) (Judge David L. Bunning) by

U.S. v. Lopez, No. 16-2269 (7th Cir.) (870 F.3d 573) (August 29, 2017) (Judge William J. Bauer)

Article • September 11, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Lopez, No. 16-2269 (7th Cir.) (870 F.3d 573) (August 29, 2017) (Judge William J. Bauer) by

U.S. v. Faagai, No. 15-10621 (9th Cir.) ( F.3d ) (September 7, 2017) (Judge Carlos T. Bea)

Article • September 11, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Faagai, No. 15-10621 (9th Cir.) ( F.3d ) (September 7, 2017) (Judge Carlos T. Bea) by

Washington v. Marion County Prosecutor, No. 16-cv-02980-JMS-DML (S.D.Ind.) ( F.Supp.3d ) (August 18, 2017) (Judge Jane Magnus-Stinson)

Article • September 11, 2017 • from P&J September, 2017

Filed under: Due Process, Punch And Jurists

Washington v. Marion County Prosecutor, No. 16-cv-02980-JMS-DML (S.D.Ind.) ( F.Supp.3d ) (August 18, 2017) (Judge Jane Magnus-Stinson) by