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U.S. v. Morris, No. 10-10009 (9th Cir.) (633 F.3d 885) (February 2, 2011) (Per Curiam)
Article • May 2, 2011 • from P&J May, 2011
Filed under: Punch And Jurists, Pleas Linked to Cooperation
U.S. v. Morris, No. 10-10009 (9th Cir.) (633 F.3d 885) (February 2, 2011) (Per Curiam) by In 2008, Wickett Morris was indicted on charges of possessing more than fifty grams of crack cocaine with intent to distribute it within 1000 feet of a public housing authority, in violation of 21 …
Bearden v. Georgia, No. 81-6633 (U.S. Supreme Court) (461 U.S. 660; 103 S.Ct. 2064) (May 24, 1983) (Justice O'Connor)
Article • April 24, 2011
Filed under: Punch And Jurists, Inability to Pay Restitution
Bearden v. Georgia, No. 81-6633 (U.S. Supreme Court) (461 U.S. 660; 103 S.Ct. 2064) (May 24, 1983) (Justice O'Connor) by In this case the petitioner pled guilty in a Georgia trial court to burglary and theft by receiving stolen property. Pursuant to the Georgia First Offender's Act, the state court …
Cheek v. U.S., No. 89-658 (U.S. Supreme Court) (498 U.S. 192; 111 S.Ct. 604) (January 8, 1991) (Justice White)
Article • April 18, 2011
Filed under: Punch And Jurists, Knowledge of Illegality
Cheek v. U.S., No. 89-658 (U.S. Supreme Court) (498 U.S. 192; 111 S.Ct. 604) (January 8, 1991) (Justice White) by In this case the defendant, an airline pilot, claimed he was exempt from federal taxes and sought a complete refund of withheld taxes. He was charged with violating two provisions …
U.S. v. Clenney, No. 09-5114 (4th Cir.) (631 F.3d 658) (February 3, 2011) (Judge J. Harvie III Wilkinson)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, Electronic Communications Privacy Act
U.S. v. Clenney, No. 09-5114 (4th Cir.) (631 F.3d 658) (February 3, 2011) (Judge J. Harvie III Wilkinson) by After the defendant in this case was convicted of possession of a firearm by a convicted felon, he appealed on a number of grounds, including allegations of numerous violations of this …
U.S. v. Kramer, No. 10-1983 (8th Cir.) (631 F.3d 900) (February 8, 2011) (Judge Roger L. Wollman)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Punch And Jurists
U.S. v. Kramer, No. 10-1983 (8th Cir.) (631 F.3d 900) (February 8, 2011) (Judge Roger L. Wollman) by Here the Court held that a cell phone, which was only used to make voice calls and send text messages, was a “computer” for purposes of supporting a two-level enhancement called for …
U.S. v. Skilling, No. 06-20885 (5th Cir.) (638 F.3d 480) (April 6, 2011) (Judge Edward C. Prado)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, Remands
U.S. v. Skilling, No. 06-20885 (5th Cir.) (638 F.3d 480) (April 6, 2011) (Judge Edward C. Prado) by Former Enron Corporation CEO Jeffrey K. Skilling was convicted of conspiracy, securities fraud, making false representations to auditors, and insider trading; and he was sentenced to 292 months in prison and $45 …
U.S. v. Alvarez, No. 08-50345 (9th Cir.) (638 F.3d 666) (March 21, 2011) (Per Curiam)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, Stolen Valor Act
U.S. v. Alvarez, No. 08-50345 (9th Cir.) (638 F.3d 666) (March 21, 2011) (Per Curiam) by In the 12/13/10 issue of P&J, we noted the decision entitled U.S. v. Alvarez, 617 F.3d 1198 (9th Cir. Aug. 17, 2010) (“Alvarez I”), in which a sharply divided panel vacated a conviction under …
Cullen v. Pinholster, No. 09-1088 (U.S. Supreme Court) (563 U.S. 170; 131 S.Ct. 1388) (April 4, 2011) (Justice Thomas)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Limitations, Punch And Jurists
Cullen v. Pinholster, No. 09-1088 (U.S. Supreme Court) (563 U.S. 170; 131 S.Ct. 1388) (April 4, 2011) (Justice Thomas) by In this decision, a sharply divided Supreme Court continued its assault on the post-AEDPA remnants of the once mighty powers of the Federal courts to grant habeas review of state …
U.S. v. Watts, No. 09-cr-30030-MAP (D.Mass.) (775 F.Supp.2d 263) (April 5, 2011) (Judge Michael A. Ponsor)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, General Savings Statute
U.S. v. Watts, No. 09-cr-30030-MAP (D.Mass.) (775 F.Supp.2d 263) (April 5, 2011) (Judge Michael A. Ponsor) by On August 3, 2010, the Fair Sentencing Act of 2010 (“FSA”) was signed into law amidst claims by its sponsors that Congress was finally correcting a national shame and an injustice that had …
U.S. v. Resinos, No. 10-1607 (8th Cir.) (631 F.3d 886) (February 2, 2011) (Per Curiam)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, Dismissed Counts
U.S. v. Resinos, No. 10-1607 (8th Cir.) (631 F.3d 886) (February 2, 2011) (Per Curiam) by In U.S. v. Jenkins, 537 F.3d 894, 897 (8th Cir. Aug. 8, 2008), the Eighth Circuit held that, in determining whether a mandatory minimum sentence applies to a drug distribution offense, the district court …
U.S. v. Delgado, No. 07-41041 (5th Cir.) (631 F.3d 685) (January 19, 2011) (Judge James L. Dennis)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Punch And Jurists
U.S. v. Delgado, No. 07-41041 (5th Cir.) (631 F.3d 685) (January 19, 2011) (Judge James L. Dennis) by For a detailed commentary on and analysis of this decision, see "The Purpose of Reasonable Doubt in Criminal Trials: Prosecutorial, Police Misconduct Lead to Wrongful Conviction Unsupported by Evidence," by John Floyd, …
U.S. v. Diaz-Lopez, No. 09-50604 (9th Cir.) (625 F.3d 1198) (November 9, 2010) (Judge Ronald M. Gould)
Article • April 18, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, Best Evidence Rule
U.S. v. Diaz-Lopez, No. 09-50604 (9th Cir.) (625 F.3d 1198) (November 9, 2010) (Judge Ronald M. Gould) by This is an interesting decision in which the defendant, an alien convicted of illegal reentry into the U.S. following his earlier removal, challenged the testimony of a Border Agent at his trial …
Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (638 F.3d 118) (March 21, 2011) (Judge Gerard E. Lynch)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Standing, Punch And Jurists
Amnesty Intern. USA v. Clapper, No. 09-4112-cv (2nd Cir.) (638 F.3d 118) (March 21, 2011) (Judge Gerard E. Lynch) by In a facial challenge by attorneys, journalists, and labor, legal, media, and human rights organizations to the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act of 1978, dismissal …
U.S. v. Wetherald, No. 09-11687 (11th Cir.) (636 F.3d 1315) (March 28, 2011) (Judge Joel F. Dubina)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Punch And Jurists
U.S. v. Wetherald, No. 09-11687 (11th Cir.) (636 F.3d 1315) (March 28, 2011) (Judge Joel F. Dubina) by This is an interesting decision principally because it notes and documents that, six years after the Supreme Court’s seminal sentencing decision in U.S. v. Booker, 543 U.S. 220 (2005), the Circuit Courts …
In re: Amy Unknown, No. 09-41238 (5th Cir.) (636 F.3d 190) (March 22, 2011) (Judge Edith H. Jones)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Punch And Jurists
In re: Amy Unknown, No. 09-41238 (5th Cir.) (636 F.3d 190) (March 22, 2011) (Judge Edith H. Jones) by As we have frequently noted, demands for huge restitution awards from victims of child pornography have become an integral byproduct of the explosive growth of child pornography prosecutions in the United …
Connick v. Thompson, No. 09-571 (U.S. Supreme Court) (563 U.S. 51; 131 S.Ct. 1350) (March 29, 2011) (Justice Thomas)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Prosecutorial Immunity, Punch And Jurists
Connick v. Thompson, No. 09-571 (U.S. Supreme Court) (563 U.S. 51; 131 S.Ct. 1350) (March 29, 2011) (Justice Thomas) by In a ruling that one commentator described as “one of the meanest Supreme Court decisions ever,” a sharply divided Supreme Court threw out a $14 million jury award in favor …
U.S. v. Dean, No. 09-16133 (11th Cir.) (635 F.3d 1200) (March 16, 2011) (Judge R. Lanier III Anderson)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Punch And Jurists
U.S. v. Dean, No. 09-16133 (11th Cir.) (635 F.3d 1200) (March 16, 2011) (Judge R. Lanier III Anderson) by [Editor's Note: For a commentary on this decision, see "Eleventh Circuit distinguishes downloaders from producers in affirming kiddie porn stat max sentence," by Prof. Doug Berman, as posted on Sentencing Law …
U.S. v. Jacobs, No. 10-20043 (5th Cir.) (635 F.3d 778) (March 15, 2010) (Per Curiam)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, Departures/Variances
U.S. v. Jacobs, No. 10-20043 (5th Cir.) (635 F.3d 778) (March 15, 2010) (Per Curiam) by In this case, Marcus Eugene Jacobs pled guilty to one count of possessing stolen mail in violation of 18 U.S.C. § 1708. In his signed plea agreement, Jacobs generally waived his right to appeal …
U.S. v. Wright, No. 09-31215 (5th Cir.) (639 F.3d 679) (April 20, 2011) (Per Curiam)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Punch And Jurists
U.S. v. Wright, No. 09-31215 (5th Cir.) (639 F.3d 679) (April 20, 2011) (Per Curiam) by The Defendant in this case pled guilty to one count of possession of child pornography, and, after his objection to restitution was overruled, he was ordered to pay $529,661.00 in restitution to “Amy,” one …
Uthman v. Obama, No. 10-5235 (D.C. Cir.) (637 F.3d 400) (March 29, 2011) (Judge Brett M. Kavanaugh)
Article • April 4, 2011 • from P&J April, 2011
Filed under: Punch And Jurists, More Likely Than Not a Member of al Qaeda
Uthman v. Obama, No. 10-5235 (D.C. Cir.) (637 F.3d 400) (March 29, 2011) (Judge Brett M. Kavanaugh) by Here the Court reversed a grant of habeas relief to a Yemeni citizen who has been held at Guantanamo since 2002, by applying its new and more pro-Government “more likely than not” …
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