Search | Punch and Jurists

Kentucky v. King, No. 09-1272 (U.S. Supreme Court) (563 U.S. 452; 131 S.Ct. 1849) (May 16, 2011) (Justice Alito)

Article • May 30, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Police Created Exigencies

Kentucky v. King, No. 09-1272 (U.S. Supreme Court) (563 U.S. 452; 131 S.Ct. 1849) (May 16, 2011) (Justice Alito) by Here the Court held by an 8-1 vote that a warrantless home entry based on exigent circumstances - even when the exigent circumstances were created by the police - does …

Brown v. Plata, No. 09-1233 (U.S. Supreme Court) (563 U.S. 493; 131 S.Ct. 1910) (May 23, 2011) (Justice Kennedy)

Article • May 30, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Reduction of Prison Population

Brown v. Plata, No. 09-1233 (U.S. Supreme Court) (563 U.S. 493; 131 S.Ct. 1910) (May 23, 2011) (Justice Kennedy) by Here a sharply divided Court affirmed a lower court order directing California to reduce its prison population to 137% of design capacity to remedy systemic constitutional violations resulting from the …

Chattler v. U.S., No. 2010-1066 (Fed. Cir.) (632 F.3d 1324) (January 10, 2011) (Judge Richard Linn)

Article • May 30, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Lack of Contractual Obligation

Chattler v. U.S., No. 2010-1066 (Fed. Cir.) (632 F.3d 1324) (January 10, 2011) (Judge Richard Linn) by This is not a criminal case - but it does epitomize the crazy frustration that the average citizen must endure when dealing with Big Brother at its worst. In addition, if Bernie Madoff …

Johnson v. Manitowoc County, No. 10-2409 (7th Cir.) (635 F.3d 331) (March 10, 2011) (Judge Terrence T. Evans)

Article • May 30, 2011 • from P&J May, 2011

Filed under: Damages, Punch And Jurists

Johnson v. Manitowoc County, No. 10-2409 (7th Cir.) (635 F.3d 331) (March 10, 2011) (Judge Terrence T. Evans) by Here the Court held that an innocent landlord, whose premises were systematically ripped apart and damaged by the police using a jackhammer during a search for evidence about a tenant, is …

U.S. v. Doss, No. 07-50334 (9th Cir.) (630 F.3d 1181) (January 14, 2011) (Judge Michael Daly Hawkins)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists

U.S. v. Doss, No. 07-50334 (9th Cir.) (630 F.3d 1181) (January 14, 2011) (Judge Michael Daly Hawkins) by Of the many issues before the Court in this case, the most interesting one was whether one can be convicted for witness tampering under 18 U.S.C. § 1512 by encouraging a witness …

U.S. v. Krupa, No. 09-10396 (9th Cir.) (633 F.3d 1148) (February 7, 2011) (Judge Consuelo M. Callahan)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Probable Cause

U.S. v. Krupa, No. 09-10396 (9th Cir.) (633 F.3d 1148) (February 7, 2011) (Judge Consuelo M. Callahan) by This decision is noted for Judge Berzon’s outspoken dissent in which she berated her colleagues for adopting an excessively expansive standard for finding “probable cause” to justify the issuance of a search …

U.S. v. Burrell, No. 09-30765 (5th Cir.) (634 F.3d 284) (February 15, 2011) (Per Curiam)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Unavailibility of Essential Witness

U.S. v. Burrell, No. 09-30765 (5th Cir.) (634 F.3d 284) (February 15, 2011) (Per Curiam) by This is a rare Speedy Trial Act (“STA”) decision in which a Federal appellate court actually vacated a conviction because the defendant was not brought to trial within the 70-day period stipulated in the …

U.S. v. Muhlenbruch, No. 10-1396 (8th Cir.) (634 F.3d 987) (March 25, 2011) (Judge C. Arlen Beam)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists

U.S. v. Muhlenbruch, No. 10-1396 (8th Cir.) (634 F.3d 987) (March 25, 2011) (Judge C. Arlen Beam) by One would assume by now that Federal prosecutors are well aware that convictions and sentences for both receiving child pornography, in violation of 18 U.S.C. § 2252(a)(2), and possessing child pornography, in …

U.S. v. Henderson, No. 09-50544 (9th Cir.) (649 F.3d 955) (April 29, 2011) (Judge Betty Binns Fletcher)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Henderson, No. 09-50544 (9th Cir.) (649 F.3d 955) (April 29, 2011) (Judge Betty Binns Fletcher) by This is another outstanding Circuit Court decision that synthesizes the escalating and increasingly vocal judicial condemnation of, and frustration with, the sentencing policies envisioned in the Sentencing Commission’s child pornography Guidelines. Both …

U.S. v. Whitfield, No. 09-3031 (3rd Cir.) (634 F.3d 741) (December 6, 2010) (Judge Maryanne Trump Barry)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Collective Knowledge Doctrine

U.S. v. Whitfield, No. 09-3031 (3rd Cir.) (634 F.3d 741) (December 6, 2010) (Judge Maryanne Trump Barry) by Here the Court upheld the validity of a Terry stop based on its adoption of the broad “collective knowledge doctrine,” under which the knowledge of one law enforcement officer is “imputed” to …

U.S. v. Burgum, No. 09-50449 (9th Cir.) (633 F.3d 810) (January 25, 2011) (Judge Raymond C. Fisher)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Inability to Pay Restitution

U.S. v. Burgum, No. 09-50449 (9th Cir.) (633 F.3d 810) (January 25, 2011) (Judge Raymond C. Fisher) by Here a divided panel held that the district court’s reliance on the defendant’s inability to pay restitution as an aggravating sentencing factor in support of its decision to impose an upward departure …

U.S. v. Bannister, No. 10-CR-0053 (E.D.N.Y.) (786 F.Supp.2d 617) (April 8, 2011) (Judge Jack B. Weinstein)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Bannister, No. 10-CR-0053 (E.D.N.Y.) (786 F.Supp.2d 617) (April 8, 2011) (Judge Jack B. Weinstein) by This is not just another brilliant sentencing decision authored by Judge Weinstein; it is also a powerful and unforgiving indictment of many of America’s drug sentencing laws, particularly the growing web of mandatory …

U.S. v. Apodaca, No. 09-50372 (9th Cir.) (641 F.3d 1077) (April 12, 2011) (Judge Richard D. Cudahy)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Lifetime Supervision

U.S. v. Apodaca, No. 09-50372 (9th Cir.) (641 F.3d 1077) (April 12, 2011) (Judge Richard D. Cudahy) by Here the Court held that a district court’s decision to sentence a defendant, who was convicted of one count of possession of child pornography, to a lifetime term of supervised release was …

U.S. v. Williams, No. 09-4049 (4th Cir.) (632 F.3d 129) (January 21, 2011) (Judge Roger L. Gregory)

Article • May 2, 2011 • from P&J April, 2011

Filed under: Punch And Jurists, Weight and Quantity of Drugs

U.S. v. Williams, No. 09-4049 (4th Cir.) (632 F.3d 129) (January 21, 2011) (Judge Roger L. Gregory) by Here a divided panel held that the submission to the jury of a stipulation as to the weight of the drugs that were seized, which was signed by the defendant’s own defense …

U.S. v. Goncalves, No. 10-1367 (1st Cir.) (642 F.3d 245) (April 28, 2011) (Judge Michael Boudin)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, General Savings Statute

U.S. v. Goncalves, No. 10-1367 (1st Cir.) (642 F.3d 245) (April 28, 2011) (Judge Michael Boudin) by [Editor's Note: For a commentary on this decision, see "First Circuit thoughtfully talks through inapplicability of new FSA minimums on appeal," by Prof. Doug Berman, as posted on Sentencing Law and Policy on …

Williams, No. CR 10-4083-2-MWB (N.D.Iowa) (788 F.Supp.2d 847) (April 7, 2011) (Judge Mark W. Bennett)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Post Gall/Kimbrough

Williams, No. CR 10-4083-2-MWB (N.D.Iowa) (788 F.Supp.2d 847) (April 7, 2011) (Judge Mark W. Bennett) by Here the court categorically rejected the “new” 18:1 ratio that Congress has adopted for crack cocaine crimes, after noting that the Govt had been unable to present “a single scintilla of . . . …

U.S. v. Jackson, No. 09-1630 (6th Cir.) (635 F.3d 205) (March 24, 2011) (Judge Eugene E. Jr. Siler)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Due Process, Punch And Jurists

U.S. v. Jackson, No. 09-1630 (6th Cir.) (635 F.3d 205) (March 24, 2011) (Judge Eugene E. Jr. Siler) by Here the Court held that while U.S.S.G. § 1B1.8 prohibits the use of proffer statements in determining the applicable guideline range, there “appears to be" no similar ban on other uses …

U.S. v. Lowe, No. 10-2832 (7th Cir.) (632 F.3d 996) (January 25, 2011) (Judge William J. Bauer)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Failure to Consider

U.S. v. Lowe, No. 10-2832 (7th Cir.) (632 F.3d 996) (January 25, 2011) (Judge William J. Bauer) by District Judge J. Phil Gilbert of the S.D.Ill. had a “general policy” of routinely refusing to grant any motions, pursuant to 18 U.S.C. § 3583(e)(1), for early termination of supervised release, unless …

Esmail v. Obama, No. 10-5282 (D.C. Cir.) (639 F.3d 1075) (April 8, 2011) (Per Curiam)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

Esmail v. Obama, No. 10-5282 (D.C. Cir.) (639 F.3d 1075) (April 8, 2011) (Per Curiam) by For a commentary on this decision, see "A judge blasts the Court: A senior federal Circuit judge bitterly assails the Supreme Court for its 2008 ruling in a major Guantanamo case, and suggests the …

U.S. v. Slough, No. 10-3006 (D.C. Cir.) (641 F.3d 544) (April 22, 2011) (Judge Stephen F. Williams)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Use of Immunized Testimony

U.S. v. Slough, No. 10-3006 (D.C. Cir.) (641 F.3d 544) (April 22, 2011) (Judge Stephen F. Williams) by In U.S. v. Slough, 677 F.Supp.2d 112 (D.D.C. Apr. 10, 2010) (P&J, Dec. 7, 2009), we noted that Judge Ricardo Urbina had dismissed all charges against five Blackwater guards who had been …