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U.S. v. Douglas, No. 09-4955-cr (2nd Cir.) (626 F.3d 161) (November 23, 2010) (Per Curiam)

Article • December 1, 2010

Filed under: Punch And Jurists

U.S. v. Douglas, No. 09-4955-cr (2nd Cir.) (626 F.3d 161) (November 23, 2010) (Per Curiam) by Defendant's convictions for enticing a minor to engage in illegal sexual activity and knowingly transporting an image of child pornography in interstate commerce are affirmed where the district court did not err in concluding …

McKithen v. Brown, No. 08-4002-pr (2nd Cir.) (626 F.3d 143) (November 19, 2010) (Judge Stefan R. Underhill)

Article • December 1, 2010

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

McKithen v. Brown, No. 08-4002-pr (2nd Cir.) (626 F.3d 143) (November 19, 2010) (Judge Stefan R. Underhill) by Here, based on the Supreme Court's decision in District Attorney's Office for the Third Judicial District v. Osborne, 129 S.Ct. 2308 (2009), the Second Circuit reversed McKithen v. Brown, 481 F.Supp.2d 440 …

U.S. v. Ochoa, No. 14-10124 (9th Cir.) (809 F.3d 453) (October 22, 2015) (Judge Johnnie B. Rawlinson)

Article • December 1, 2010

Filed under: Punch And Jurists

U.S. v. Ochoa, No. 14-10124 (9th Cir.) (809 F.3d 453) (October 22, 2015) (Judge Johnnie B. Rawlinson) by The issue before the Court in this case was whether a sentencing court may, sua sponte, change a sentence once it has been orally imposed. The Defendant, Ramon Ochoa, contended that, consistent …

U.S. v. Markle, No. 06-1600-cr (2nd Cir.) (628 F.3d 58) (December 14, 2010) (Judge Rosemary S. Pooler)

Article • December 1, 2010

Filed under: Punch And Jurists

U.S. v. Markle, No. 06-1600-cr (2nd Cir.) (628 F.3d 58) (December 14, 2010) (Judge Rosemary S. Pooler) by Defendant's Hobbs Act extortion conviction is affirmed where the district court did not err in denying a defense under United States v. Enmons, 410 U.S. 396 (1973), because such defense is limited …

U.S. v. Ressam, No. 09-30000 (9th Cir.) (629 F.3d 793) (December 10, 2010) (Judge Arthur L. Alarcon)

Article • December 1, 2010

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Ressam, No. 09-30000 (9th Cir.) (629 F.3d 793) (December 10, 2010) (Judge Arthur L. Alarcon) by Editor's Notes: This decision amends and supersedes the panel decision previously reported at U.S. v. Ressam, 593 F.3d 1095 (9th Cir. Feb. 2, 2010); see previous summary reported in P&J, 01/22/10. However, …

Abdah v. Obama, No. Civ. No. 04-1254 (HHK) (D.D.C.) (708 F.Supp.2d 9) (April 21, 2010) (Judge Henry H. Jr. Kennedy)

Article • December 1, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

Abdah v. Obama, No. Civ. No. 04-1254 (HHK) (D.D.C.) (708 F.Supp.2d 9) (April 21, 2010) (Judge Henry H. Jr. Kennedy) by

U.S. v. Thomas, No. 09-4335-cr (2nd Cir.) (628 F.3d 64) (December 16, 2010) (Judge Chester J. Straub)

Article • December 1, 2010

Filed under: Punch And Jurists

U.S. v. Thomas, No. 09-4335-cr (2nd Cir.) (628 F.3d 64) (December 16, 2010) (Judge Chester J. Straub) by Defendant's sentence for being a felon in possession of a firearm is affirmed where: 1) the lack of a scienter requirement in the stolen firearm enhancement is permissible; and 2) a rational …

Jenkins v. Greene, No. 09-3623-pr (2nd Cir.) (630 F.3d 298) (December 23, 2010) (Judge Gerard E. Lynch)

Article • December 1, 2010

Filed under: Punch And Jurists

Jenkins v. Greene, No. 09-3623-pr (2nd Cir.) (630 F.3d 298) (December 23, 2010) (Judge Gerard E. Lynch) by Here the Court found that a defendant serving an "extremely severe sentence" did not meet equitable tolling standards, despite his claims about a lack of cooperation by his trial attorney. [Editor's Note: …

Turkmen v. Ashcroft, No. 06-3745-cv (L) (2nd Cir.) (589 F.3d 542) (December 18, 2009) (Per Curiam)

Article • December 1, 2010

Filed under: Qualified Immunity, Punch And Jurists

Turkmen v. Ashcroft, No. 06-3745-cv (L) (2nd Cir.) (589 F.3d 542) (December 18, 2009) (Per Curiam) by In an action claiming abuse, mistreatment, and detention of Arab and Muslim aliens who were held on immigration violations in the wake of the terrorist attacks of September 11, 2001, an order partially …

U.S. v. Davis, No. 09-3626-cr (2nd Cir.) (624 F.3d 508) (November 5, 2010) (Judge Jon O. Newman)

Article • December 1, 2010

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Davis, No. 09-3626-cr (2nd Cir.) (624 F.3d 508) (November 5, 2010) (Judge Jon O. Newman) by Defendant's conviction for sexual exploitation of a minor is affirmed where the knowledge of interstate transmission of a visual depiction of a minor, induced to engage in explicit sexual conduct, under 18 …

U.S. v. Turk, No. 09-5091-cr (2nd Cir.) (626 F.3d 743) (November 30, 2010) (Judge Peter W. Hall)

Article • December 1, 2010

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Turk, No. 09-5091-cr (2nd Cir.) (626 F.3d 743) (November 30, 2010) (Judge Peter W. Hall) by Defendant's sentence for conspiracy to commit mail and wire fraud is affirmed where the district court properly calculated the loss caused by the defendant's fraud and imposed a reasonable sentence. [Editor's Note: …

Salahi v. Obama, No. 05-CV-0569 (D.D.C.) (710 F.Supp.2d 1) (April 9, 2010) (Judge James Robertson)

Article • December 1, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

Salahi v. Obama, No. 05-CV-0569 (D.D.C.) (710 F.Supp.2d 1) (April 9, 2010) (Judge James Robertson) by In this case, Judge Robertson granted a writ of habeas corpus to the petitioner, a Mauritanian national being held at the U.S. Naval Base at Guantanamo Bay, Cuba, who challenged his detention as unlawful. …

U.S. v. Rodriguez, No. 08-16696 (11th Cir.) (627 F.3d 1372) (December 22, 2010) (Judge Edward E. Carnes)

Article • December 1, 2010

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Rodriguez, No. 08-16696 (11th Cir.) (627 F.3d 1372) (December 22, 2010) (Judge Edward E. Carnes) by [Editor's Note: For a commentary on this decision, see "Eleventh Circuit panel sticks to tough plain error rule for sentencing appeals," by Prof. Doug Berman, as posted on Sentencing Law and Policy …

U.S. v. Abu-Jihaad, No. 09-1375-cr (L) (2nd Cir.) (630 F.3d 102) (December 20, 2010) (Judge Reena Raggi)

Article • December 1, 2010

Filed under: Punch And Jurists, Significant Purpose Test

U.S. v. Abu-Jihaad, No. 09-1375-cr (L) (2nd Cir.) (630 F.3d 102) (December 20, 2010) (Judge Reena Raggi) by Defendant's conviction for communicating national defense information respecting the movements of a United States Navy battlegroup to unauthorized persons is affirmed where: 1) there were no constitutional defects in Foreign Intelligence Surveillance …

U.S. v. Miller, No. 08-1152-cr (2nd Cir.) (626 F.3d 682) (November 23, 2010) (Judge Debra Ann Livingston)

Article • December 1, 2010

Filed under: Punch And Jurists, International Parental Kidnapping

U.S. v. Miller, No. 08-1152-cr (2nd Cir.) (626 F.3d 682) (November 23, 2010) (Judge Debra Ann Livingston) by Defendant's conviction for international parental kidnapping is affirmed where: 1) defendant's argument ignored the basic principle that any "lawful parental rights" created by a state family court order came into existence when …

Kiobel v. Royal Dutch Petroleum Co., No. 06-4800-cv (2nd Cir.) (621 F.3d 111) (September 17, 2010) (Judge Jose A. Cabranes)

Article • December 1, 2010

Filed under: Punch And Jurists, Corporate Liability

Kiobel v. Royal Dutch Petroleum Co., No. 06-4800-cv (2nd Cir.) (621 F.3d 111) (September 17, 2010) (Judge Jose A. Cabranes) by [Editor's Note: For some commentaries on this decision, see: • "Kiobel v. Royal Dutch Petroleum: Another Round in the Fight Over Corporate Liability Under the Alien Tort Statute," by …

In re Petitioners Seeking Habeas Corpus Relief in Relation to Prior Detentions at Guantanamo Bay, No. 08-0444 (D.D.C.) (700 F.Supp.2d 119) (April 1, 2010) (Judge Thomas F. Hogan)

Article • December 1, 2010

Filed under: Punch And Jurists

In re Petitioners Seeking Habeas Corpus Relief in Relation to Prior Detentions at Guantanamo Bay, No. 08-0444 (D.D.C.) (700 F.Supp.2d 119) (April 1, 2010) (Judge Thomas F. Hogan) by In this case, the court consolidated all 105 of the pending habeas proceedings involving detainees at Guantanamo Bay and, in its …

Portalatin v. Graham, No. 07-1599-pr (2nd Cir.) (624 F.3d 69) (October 18, 2010) (Judge Richard C. Wesley)

Article • December 1, 2010

Filed under: Punch And Jurists

Portalatin v. Graham, No. 07-1599-pr (2nd Cir.) (624 F.3d 69) (October 18, 2010) (Judge Richard C. Wesley) by In consolidated habeas petitions challenging the constitutionality of sentences imposed pursuant to New York's persistent felony offender (PFO) statute, denials of the petitions are affirmed where it was not unreasonable for the …

U.S. v. Watt, No. Crim. No. 08cr10318-NG (D.Mass.) (707 F.Supp.2d 149) (April 27, 2010) (Judge Nancy Gertner)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Probation, Punch And Jurists

U.S. v. Watt, No. Crim. No. 08cr10318-NG (D.Mass.) (707 F.Supp.2d 149) (April 27, 2010) (Judge Nancy Gertner) by Here Judge Gertner explained her reasons for imposing a sentence of two years on a computer wiz who wrote some of the software used in the largest identity theft in American history, …

U.S. v. Torres, No. 09-1771-cr (2nd Cir.) (604 F.3d 58) (May 5, 2010) (Judge Amalya Lyle Kearse)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Torres, No. 09-1771-cr (2nd Cir.) (604 F.3d 58) (May 5, 2010) (Judge Amalya Lyle Kearse) by Defendant's drug conspiracy conviction is reversed where the trial evidence was insufficient to permit the jury to find beyond a reasonable doubt that he had knowledge that the purpose of the conspiracy …