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Thorn v. U.S., No. 5:09-CV-74 (FJS) (N.D.N.Y.) ( F.Supp.2d ) (November 1, 2010) (Judge Frederick J. Jr. Scullin)

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

Filed under: Punch And Jurists

Thorn v. U.S., No. 5:09-CV-74 (FJS) (N.D.N.Y.) ( F.Supp.2d ) (November 1, 2010) (Judge Frederick J. Jr. Scullin) by The principal Federal money laundering statute, 18 U.S.C. § 1956, prohibits specified transfers of money derived from various unlawful activities. Subsection (a)(1) makes it unlawful to engage in certain financial transactions …

U.S. v. Mathur, No. 09-1704 (1st Cir.) (624 F.3d 498) (November 3, 2010) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Delay in Disclosure

U.S. v. Mathur, No. 09-1704 (1st Cir.) (624 F.3d 498) (November 3, 2010) (Judge Bruce M. Selya) by In a prosecution of defendant for multiple counts of mail fraud and wire fraud, in connection with misrepresentations and misappropriation of millions of dollars in client funds, district court's denial of a …

Abbott v. U.S., No. 09-479 (U.S. Supreme Court) (562 U.S. 8; 131 S.Ct. 18) (November 15, 2010) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

Abbott v. U.S., No. 09-479 (U.S. Supreme Court) (562 U.S. 8; 131 S.Ct. 18) (November 15, 2010) (Justice Ginsburg) by Here a unanimous Court held that defendants convicted of possession of a gun while selling drugs are subject to the five year mandatory minimum sentence on top of any other …

U.S. v. Wright, No. 08-10525 (9th Cir.) (625 F.3d 583) (November 4, 2010) (Judge Milan D. Jr. Smith)

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

Filed under: Punch And Jurists, Failure to Prove

U.S. v. Wright, No. 08-10525 (9th Cir.) (625 F.3d 583) (November 4, 2010) (Judge Milan D. Jr. Smith) by This is an interesting child pornography decision in which, inter alia, the Ninth Circuit vacated a conviction for the transportation of child pornography in violation of 18 U.S.C. § 2252A(a)(1) on …

U.S. v. Hernandez, No. 09-1421-cr (2nd Cir.) (604 F.3d 48) (May 5, 2010) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Different Judge

U.S. v. Hernandez, No. 09-1421-cr (2nd Cir.) (604 F.3d 48) (May 5, 2010) (Judge Dennis G. Jacobs) by Defendant's drug conspiracy sentence is vacated where the district court evidently started with an assumption, invalid after so long an interval, that the baseline for the re-sentencing was the sentence imposed in …

U.S. v. Grober, No. 09-1318 (3rd Cir.) (624 F.3d 592) (October 26, 2010) (Judge Maryanne Trump Barry)

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

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

U.S. v. Grober, No. 09-1318 (3rd Cir.) (624 F.3d 592) (October 26, 2010) (Judge Maryanne Trump Barry) by In U.S. v. Grober, 595 F.Supp.2d 382 (D.N.J. Dec. 22, 2008) (P&J, 01/26/2009) (“Grober I”), District Judge Katharine Hayden of the D.N.J. issued a lengthy and noteworthy diatribe in which she condemned …

Salahi v. Obama, No. 10-5087 (D.C. Cir.) (625 F.3d 745) (November 5, 2010) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Standards for Determining

Salahi v. Obama, No. 10-5087 (D.C. Cir.) (625 F.3d 745) (November 5, 2010) (Judge David S. Tatel) by Here the Court reversed the grant of habeas relief to a Guantanamo detainee held since 2002 on the charge that he was so connected to al-Qaida that he must have been “part …

Wilson v. Corcoran, No. 10-91 (U.S. Supreme Court) (562 U.S. 1; 131 S.Ct. 13) (November 8, 2010) (Per Curiam)

Article • November 9, 2010

Filed under: Punch And Jurists, No Violation of Federal Law

Wilson v. Corcoran, No. 10-91 (U.S. Supreme Court) (562 U.S. 1; 131 S.Ct. 13) (November 8, 2010) (Per Curiam) by In this per curiam, summary decision, without noted dissent, the Court reminded lower federal courts that they may not rule in favor of a state prisoner’s habeas challenge unless they …

Renchenski v. Williams, No. 07-3530 (3rd Cir.) (622 F.3d 315) (October 4, 2010) (Judge Julio M. Fuentes)

Article • November 8, 2010 • from P&J November, 2010

Filed under: Punch And Jurists

Renchenski v. Williams, No. 07-3530 (3rd Cir.) (622 F.3d 315) (October 4, 2010) (Judge Julio M. Fuentes) by Here the Court held that an inmate who was never charged with, nor convicted of, a sex offense is entitled to due process before the state can classify him as a sex …

Securities and Exchange Commission v. Rajaratnam, No. 10-462-cv (2nd Cir.) (622 F.3d 159) (September 20, 2010) (Judge Gerard E. Lynch)

Article • November 8, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Franks Hearing

Securities and Exchange Commission v. Rajaratnam, No. 10-462-cv (2nd Cir.) (622 F.3d 159) (September 20, 2010) (Judge Gerard E. Lynch) by In this decision, the Second Circuit overturned an order requiring defendants in the Galleon securities fraud case (an offshoot of what has been labeled “the largest hedge-fund insider trading …

U.S. v. Ovid, No. 09-CR-216 (JG) (E.D.N.Y.) (2010 WL 3940724) (October 1, 2010) (Judge John Gleeson)

Article • November 8, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Booker/Fanfan Issues

U.S. v. Ovid, No. 09-CR-216 (JG) (E.D.N.Y.) (2010 WL 3940724) (October 1, 2010) (Judge John Gleeson) by Pursuant to the provisions of 28 U.S.C. § 994(o), the Department of Justice (DOJ) is required to submit to the United States Sentencing Commission an annual report commenting on the operation of the …

U.S. v. Brewer, No. 09-3909 (8th Cir.) (624 F.3d 900) (October 21, 2010) (Judge Raymond W. Gruender)

Article • November 8, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, General Savings Statute

U.S. v. Brewer, No. 09-3909 (8th Cir.) (624 F.3d 900) (October 21, 2010) (Judge Raymond W. Gruender) by This is another lamentable crack-cocaine decision that exemplifies the sheer inanity of the 100-to-1 sentencing ratio between crack cocaine and powder cocaine that existed for more than two decades until Congress finally …

U.S. v. Cerna, No. 09-1170-cr (2nd Cir.) (603 F.3d 32) (April 27, 2010) (Judge Robert A. Katzmann)

Article • November 8, 2010 • from P&J May, 2010

Filed under: Punch And Jurists, Post Padilla v. Kentucky

U.S. v. Cerna, No. 09-1170-cr (2nd Cir.) (603 F.3d 32) (April 27, 2010) (Judge Robert A. Katzmann) by Here, citing Padilla v. Kentucky, the Court held that "exceptionally poor quality of representation" by counsel can provide the basis for a collateral challenge to the legality of a deportation order under …

U.S. v. Miell, No. CR 07-101-MWB (N.D.Iowa) (744 F.Supp.2d 904) (September 27, 2010) (Judge Mark W. Bennett)

Article • November 8, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Sending a Message

U.S. v. Miell, No. CR 07-101-MWB (N.D.Iowa) (744 F.Supp.2d 904) (September 27, 2010) (Judge Mark W. Bennett) by This colorful and unusual 105-page sentencing decision is noted for Judge Mark Bennett’s explanation of his reasons for imposing a substantial upward departure on a landlord-defendant who pled guilty to 18 counts …

U.S. v. Wilson, No. 08-1963 (6th Cir.) (614 F.3d 219) (July 19, 2010) (Judge Danny J. Boggs)

Article • November 8, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Pre-Prepared Sentencing Materials

U.S. v. Wilson, No. 08-1963 (6th Cir.) (614 F.3d 219) (July 19, 2010) (Judge Danny J. Boggs) by This case is noted for Judge Boyce Martin's strong concurring opinion in which he roundly condemned “the practice of a judge walking into a sentencing hearing with an opinion already prepared” which …

U.S. v. Mazza-Alaluf, No. 09-3940-cr (2nd Cir.) (621 F.3d 205) (September 22, 2010) (Judge Reena Raggi)

Article • November 1, 2010

Filed under: Punch And Jurists, Domestic Financial Institution

U.S. v. Mazza-Alaluf, No. 09-3940-cr (2nd Cir.) (621 F.3d 205) (September 22, 2010) (Judge Reena Raggi) by Defendant's conviction and sentence for conspiring to operate and actually operating an unlicensed money transmitting business are affirmed where: 1) the trial evidence was sufficient to support defendant's conviction because 18 U.S.C. § …

U.S. v. Brown, No. 08-1207-cr (2nd Cir.) (623 F.3d 104) (October 19, 2010) (Judge Peter W. Hall)

Article • November 1, 2010

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Brown, No. 08-1207-cr (2nd Cir.) (623 F.3d 104) (October 19, 2010) (Judge Peter W. Hall) by Defendant's drug trafficking sentence is affirmed in part where the district court properly found that defendant's motions seeking to force the government to recommend a downward departure were meritless because no plea …

U.S. v. Epstein, No. 09-4025-cr (2nd Cir.) (620 F.3d 76) (September 3, 2010) (Per Curiam)

Article • November 1, 2010

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Epstein, No. 09-4025-cr (2nd Cir.) (620 F.3d 76) (September 3, 2010) (Per Curiam) by Prior terms of imprisonment for violations of supervised release do not limit the maximum sentence a district court may impose for a subsequent violation of supervised release under 18 U.S.C. § 3583(e)(3), as amended …

U.S. v. Ortiz, No. 08-2648-cr (2nd Cir.) (621 F.3d 82) (September 1, 2010) (Judge Jon O. Newman)

Article • November 1, 2010

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Ortiz, No. 08-2648-cr (2nd Cir.) (621 F.3d 82) (September 1, 2010) (Judge Jon O. Newman) by Defendant's sentence for various firearms and narcotics offenses is affirmed where the sentence did not violate the Ex Post Facto Law clause because defendant’s sentencing range under the unamended Sentencing Guidelines would …

Tracy v. Freshwater, No. 08-1769-cv (2nd Cir.) (623 F.3d 90) (October 14, 2010) (Judge Debra Ann Livingston)

Article • November 1, 2010

Filed under: Punch And Jurists

Tracy v. Freshwater, No. 08-1769-cv (2nd Cir.) (623 F.3d 90) (October 14, 2010) (Judge Debra Ann Livingston) by In a civil rights action alleging excessive force by police, summary judgment for defendants is affirmed in part where a reasonable officer would have construed plaintiff's conduct as intentional and threatening. However, …