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U.S. v. Magassouba, No. 09-3035-cr (2nd Cir.) (619 F.3d 202) (August 31, 2010) (Judge Robert A. Katzmann)
Article • November 1, 2010
Filed under: Punch And Jurists, Aggravated Identity Theft
U.S. v. Magassouba, No. 09-3035-cr (2nd Cir.) (619 F.3d 202) (August 31, 2010) (Judge Robert A. Katzmann) by Defendant's convictions for conspiracy to commit bank fraud and aggravated identity theft are affirmed where, as here, venue is appropriate for the predicate felony offense, so too is venue appropriate for a …
U.S. v. Martinez, No. 08-5071-cr (2nd Cir.) (621 F.3d 101) (September 17, 2010) (Judge Denny Chin)
Article • November 1, 2010
Filed under: Punch And Jurists, Gender Based Challenges
U.S. v. Martinez, No. 08-5071-cr (2nd Cir.) (621 F.3d 101) (September 17, 2010) (Judge Denny Chin) by Defendant's convictions for sex trafficking of minors and sex trafficking by force, fraud, or coercion are affirmed where: 1) a defendant in a criminal case may not, consistent with the Constitution, exercise peremptory …
U.S. v. Pfaff, No. 09-1702-cr (L) (2nd Cir.) (619 F.3d 172) (August 27, 2010) (Per Curiam)
Article • November 1, 2010
Filed under: Punch And Jurists
U.S. v. Pfaff, No. 09-1702-cr (L) (2nd Cir.) (619 F.3d 172) (August 27, 2010) (Per Curiam) by In a tax evasion prosecution, the fine imposed on one defendant is vacated where the district court plainly erred in imposing a fine, pursuant to 18 U.S.C. § 3571(d), based on the court's …
U.S. v. Folkes, No. 09-3389-cr (2nd Cir.) (622 F.3d 152) (September 29, 2010) (Per Curiam)
Article • November 1, 2010
Filed under: Punch And Jurists, Illegal Reentry
U.S. v. Folkes, No. 09-3389-cr (2nd Cir.) (622 F.3d 152) (September 29, 2010) (Per Curiam) by Defendant's sentence for illegal reentry and aggravated identity theft is vacated where the district court erred in its calculation of defendant's Sentencing Guidelines range with respect to the illegal reentry count when it applied …
U.S. v. Drachenberg, No. 09-3114-cr (2nd Cir.) (623 F.3d 122) (October 22, 2010) (Per Curiam)
Article • November 1, 2010
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Drachenberg, No. 09-3114-cr (2nd Cir.) (623 F.3d 122) (October 22, 2010) (Per Curiam) by Defendant's conviction for conspiracy to defraud the U.S. is affirmed where the U.S. government had jurisdiction to prosecute defendant in New York for actions taken in furtherance of a conspiracy to evade income taxes, …
U.S. v. Ruiz-Gaxiola, No. 08-10378 (9th Cir.) (623 F.3d 684) (September 24, 2010) (Judge Stephen Reinhardt)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists, Sell Factors
U.S. v. Ruiz-Gaxiola, No. 08-10378 (9th Cir.) (623 F.3d 684) (September 24, 2010) (Judge Stephen Reinhardt) by On at least three occasions in the past, the Supreme Court has made it clear that the Government is allowed to medicate a defendant involuntarily for the purpose of rendering him competent to …
U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (614 F.3d 1241) (August 19, 2010) (Per Curiam)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Jury Instructions, Punch And Jurists
U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (614 F.3d 1241) (August 19, 2010) (Per Curiam) by This is an important tax fraud decision in which the Eleventh Circuit reversed a number convictions for filing materially false personal income tax returns on the grounds that the district court erred in refusing …
U.S. v. Gardner, No. 08-4793-cr (2nd Cir.) (602 F.3d 97) (March 10, 2010) (Judge Robert A. Katzmann)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists
U.S. v. Gardner, No. 08-4793-cr (2nd Cir.) (602 F.3d 97) (March 10, 2010) (Judge Robert A. Katzmann) by Defendants' drug and firearm possession convictions are affirmed where, when a defendant acquires a firearm using drugs as payment, he possesses the firearm in furtherance of a drug trafficking crime in violation …
Florence v. Bd. of Chosen Freeholders of County of Burlington, No. 09-3603 (3rd Cir.) (621 F.3d 296) (September 21, 2010) (Judge Thomas Michael Hardiman)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists, Pre-Trial Detainees
Florence v. Bd. of Chosen Freeholders of County of Burlington, No. 09-3603 (3rd Cir.) (621 F.3d 296) (September 21, 2010) (Judge Thomas Michael Hardiman) by Non-indictable arrestee brought putative class action pursuant to § 1983 against two jails, alleging strip search violated the Fourth Amendment. After granting motion for class …
U.S. v. Polouizzi, No. 09-4594-cr (2nd Cir.) (393 Fed.Appx. 784) (September 22, 2010) (Per Curiam)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists, Jury Nullification
U.S. v. Polouizzi, No. 09-4594-cr (2nd Cir.) (393 Fed.Appx. 784) (September 22, 2010) (Per Curiam) by Here the Court rejected, by summary order, Judge Weinstein’s second call for a new trial in this child pornography case - thus ending for the most part this long-running and often bitter test of …
U.S. v. Edwards, No. 08-30055 (9th Cir.) (622 F.3d 1215) (September 20, 2010) (Per Curiam)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists, White Collar Crimes
U.S. v. Edwards, No. 08-30055 (9th Cir.) (622 F.3d 1215) (September 20, 2010) (Per Curiam) by
U.S. v. Ghailani, No. S10 98 Crim. 1023 (S.D.N.Y.) (743 F.Supp.2d 216) (October 6, 2010) (Judge Lewis A. Kaplan)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists, Coercive Interrogations
U.S. v. Ghailani, No. S10 98 Crim. 1023 (S.D.N.Y.) (743 F.Supp.2d 216) (October 6, 2010) (Judge Lewis A. Kaplan) by In the 09/06/10 issue of P&J, we noted that Judge Lewis Kaplan had ordered a hearing in this case to determine whether testimony from a key Government witness in the …
U.S. v. DiTomasso, No. 08-2567 (1st Cir.) (621 F.3d 16) (September 22, 2010) (Judge Bruce M. Selya)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists
U.S. v. DiTomasso, No. 08-2567 (1st Cir.) (621 F.3d 16) (September 22, 2010) (Judge Bruce M. Selya) by In 2006, Congress enacted the Sex Offender Registration and Notification Act (“SORNA”) to create a national scheme for the registration of convicted sex offenders. SORNA became law on July 27, 2006; but …
U.S. v. Bennett, No. 06-50580 (9th Cir.) (621 F.3d 1131) (September 10, 2010) (Judge Kim McLane Wardlaw)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists, Fraud Enforcement and Recovery Act of 2009
U.S. v. Bennett, No. 06-50580 (9th Cir.) (621 F.3d 1131) (September 10, 2010) (Judge Kim McLane Wardlaw) by Here the Court rejected the Government’s broad claim that an entity that did not meet the statutory definition of a “financial institution” under § 1344 could still be included within the scope …
U.S. v. Irving, No. 08-CR-640 (JG) (E.D.N.Y.) (682 F.Supp.2d 243) (February 8, 2010) (Judge John Gleeson)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists, Attorney Misconduct/Disqualification
U.S. v. Irving, No. 08-CR-640 (JG) (E.D.N.Y.) (682 F.Supp.2d 243) (February 8, 2010) (Judge John Gleeson) by [Editor's Note: For a commentary on this decision, see "Lawyers in the Dock: EDNY Judge Acquits Law Associate of Witness Tampering," by JaneAnne Murray, as posted on the New York Federal Criminal Practice …
U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (2010 WL 4006381) (October 6, 2010) (Judge Lewis A. Kaplan)
Article • October 11, 2010 • from P&J October, 2010
Filed under: Punch And Jurists, Coercive Interrogations
U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (2010 WL 4006381) (October 6, 2010) (Judge Lewis A. Kaplan) by Here the Court barred the Government from using the testimony of a crucial witness in the terrorism trial of Ahmed Ghailani because it failed to prove that the witness’s …
U.S. v. Broxmeyer, No. 09-1457-cr (2nd Cir.) (616 F.3d 120) (August 3, 2010) (Judge Dennis G. Jacobs)
Article • October 1, 2010
Filed under: Punch And Jurists
U.S. v. Broxmeyer, No. 09-1457-cr (2nd Cir.) (616 F.3d 120) (August 3, 2010) (Judge Dennis G. Jacobs) by Defendant's convictions for production of child pornography and for transportation of a minor across state lines with the intent to engage in criminal sexual activity are reversed where: 1) the prosecution failed …
U.S. v. Bonilla, No. 09-1799-cr (2nd Cir.) (618 F.3d 102) (August 13, 2010) (Judge Roger J. Miner)
Article • October 1, 2010
Filed under: Punch And Jurists
U.S. v. Bonilla, No. 09-1799-cr (2nd Cir.) (618 F.3d 102) (August 13, 2010) (Judge Roger J. Miner) by The government's motion for summary affirmance of defendant's conviction and sentence for reentering the U.S. after having been deported is granted where: 1) the court has never required a district court to …
Friedman v. Rehal, No. 08-0297-pr (2nd Cir.) (618 F.3d 142) (August 16, 2010) (Judge Edward R. Korman)
Article • October 1, 2010
Filed under: Punch And Jurists, Hypnotically Refreshed Memory
Friedman v. Rehal, No. 08-0297-pr (2nd Cir.) (618 F.3d 142) (August 16, 2010) (Judge Edward R. Korman) by In a sexual abuse prosecution, the denial of petitioner's habeas petition is affirmed where: 1) the fact that hypnosis may have been used to stimulate alleged victims' memory recall and potentially induce …
U.S. v. Green, No. 08-5548-cr (2nd Cir.) (618 F.3d 120) (August 13, 2010) (Per Curiam)
Article • October 1, 2010
Filed under: Punch And Jurists, Gangs
U.S. v. Green, No. 08-5548-cr (2nd Cir.) (618 F.3d 120) (August 13, 2010) (Per Curiam) by In defendant's appeal challenging a condition of his supervised release prohibiting him from associating with members of criminal street gangs or wearing the colors, tattoos or insignia related to such gangs, the condition is …
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