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Chavis v. Chappius, No. 07-2304-pr (2nd Cir.) (618 F.3d 162) (August 17, 2010) (Judge Guido Calabresi)

Article • October 1, 2010

Filed under: Punch And Jurists, Imminent Danger Exception

Chavis v. Chappius, No. 07-2304-pr (2nd Cir.) (618 F.3d 162) (August 17, 2010) (Judge Guido Calabresi) by A denial of plaintiff-inmate's motion to proceed in forma pauperis is vacated where: 1) a complaint and a subsequent appeal therefrom qualified as separate "strikes" if both are dismissed for reasons listed in …

U.S. v. Shyne, No. 08-0865-cr (L) (2nd Cir.) (617 F.3d 103) (August 5, 2010) (Per Curiam)

Article • October 1, 2010

Filed under: Punch And Jurists, Non-Testifying Declaranta

U.S. v. Shyne, No. 08-0865-cr (L) (2nd Cir.) (617 F.3d 103) (August 5, 2010) (Per Curiam) by Defendants' convictions for criminal conspiracies to commit bank fraud and launder money by stealing, altering or counterfeiting checks and depositing the checks into bank accounts are affirmed where the district court properly denied …

U.S. v. Johnson, No. 08-5245-cr (2nd Cir.) (616 F.3d 85) (August 2, 2010) (Judge Jose A. Cabranes)

Article • October 1, 2010

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Johnson, No. 08-5245-cr (2nd Cir.) (616 F.3d 85) (August 2, 2010) (Judge Jose A. Cabranes) by Defendant's sentence for being a felon in possession of a firearm is affirmed where a violation of Connecticut General Statute section 53a-179b (Rioting at a correctional institution) qualified as a "violent felony" …

U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (616 F.3d 174) (August 4, 2010) (Judge Barrington D. Jr. Parker)

Article • October 1, 2010

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

U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (616 F.3d 174) (August 4, 2010) (Judge Barrington D. Jr. Parker) by This is an important child pornography sentencing case that adds a lot of fuel to the fire that has been created by many the judges and commentators who have expressed both …

U.S. v. Kumar, No. 06-5482-cr (L) (2nd Cir.) (617 F.3d 612) (August 12, 2010) (Judge John M. Jr. Walker)

Article • October 1, 2010

Filed under: Punch And Jurists

U.S. v. Kumar, No. 06-5482-cr (L) (2nd Cir.) (617 F.3d 612) (August 12, 2010) (Judge John M. Jr. Walker) by Defendants' convictions and sentences for conspiracy, securities and wire fraud, obstruction of justice, and perjury are affirmed in part where: 1) regardless of whether defendant's false testimony violated 18 U.S.C. …

U.S. v. Amanuel, No. 06-1103-cr (2nd Cir.) (615 F.3d 117) (July 29, 2010) (Judge Peter W. Hall)

Article • October 1, 2010

Filed under: Punch And Jurists, Sealing

U.S. v. Amanuel, No. 06-1103-cr (2nd Cir.) (615 F.3d 117) (July 29, 2010) (Judge Peter W. Hall) by In a prosecution for conspiracy to distribute cocaine, a grant of defendants' motion to suppress certain intercepted electronic communications is vacated where the failure properly to record and seal the electronic interceptions …

Caro v. Weintraub, No. 09-3685-cv (2nd Cir.) (618 F.3d 94) (August 13, 2010) (Judge Richard C. Wesley)

Article • October 1, 2010

Filed under: Punch And Jurists, Exceptions

Caro v. Weintraub, No. 09-3685-cv (2nd Cir.) (618 F.3d 94) (August 13, 2010) (Judge Richard C. Wesley) by Here the Court held that the exception to the one-party consent provision of 18 U.S.C. § 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act …

Rosario v. Ercole, No. 08-5521-pr (2nd Cir.) (601 F.3d 118) (April 12, 2010) (Judge Richard C. Wesley)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Meaninfful Representation Standard

Rosario v. Ercole, No. 08-5521-pr (2nd Cir.) (601 F.3d 118) (April 12, 2010) (Judge Richard C. Wesley) by In a murder prosecution, the denial of petitioner's habeas petition is affirmed where the trial court conducted a thorough hearing, assessing the credibility of the potential witnesses first-hand, in denying petitioner's ineffective …

In Re: Application of U.S. for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government, No. 08-4227 (3rd Cir.) (620 F.3d 304) (September 7, 2010) (Judge...

Article • September 20, 2010 • from P&J April, 2008

Filed under: Punch And Jurists, Stored Communications Act

In Re: Application of U.S. for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government, No. 08-4227 (3rd Cir.) (620 F.3d 304) (September 7, 2010) (Judge Dolores K. Sloviter) by Here the Third Circuit became the first Cicruit court to hold that cell phone …

U.S. v. Kloehn, No. 06-50456 (9th Cir.) (620 F.3d 1122) (August 30, 2010) (Judge Stephen Reinhardt)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists

U.S. v. Kloehn, No. 06-50456 (9th Cir.) (620 F.3d 1122) (August 30, 2010) (Judge Stephen Reinhardt) by The defendant in this case, Garth Kloehn, was tried in Los Angeles for tax fraud on charges of failing to report $1.2 million in income. Kloehn was the sole defense witness in his …

U.S. v. Yancey, No. 09-1138 (7th Cir.) (621 F.3d 681) (September 3, 2010) (Per Curiam)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists

U.S. v. Yancey, No. 09-1138 (7th Cir.) (621 F.3d 681) (September 3, 2010) (Per Curiam) by U.S. v. Yancey, 621 F.3d 681 (7th Cir. Sept. 3, 2010) (Per Curiam) U.S. v. Seay, 620 F.3d 919 (8th Cir. Sept. 8, 2010) (Judge Shepherd) As these two decision show, in the aftermath …

U.S. v. Seay, No. 09-2778 (8th Cir.) (620 F.3d 919) (September 8, 2010) (Judge Bobby E. Shepherd)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists

U.S. v. Seay, No. 09-2778 (8th Cir.) (620 F.3d 919) (September 8, 2010) (Judge Bobby E. Shepherd) by U.S. v. Yancey, 621 F.3d 681 (7th Cir. Sept. 3, 2010) (Per Curiam) U.S. v. Seay, 620 F.3d 919 (8th Cir. Sept. 8, 2010) (Judge Shepherd) As these two decision show, in …

Ramchair v. Conway, No. 08-2004-pr (2nd Cir.) (601 F.3d 66) (April 2, 2010) (Judge Robert D. Sack)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Ramchair v. Conway, No. 08-2004-pr (2nd Cir.) (601 F.3d 66) (April 2, 2010) (Judge Robert D. Sack) by In the state's appeal from a district court's order granting a writ of habeas corpus to petitioner on the ground of ineffective assistance of state appellate counsel, and ordering a new trial, …

Newman v. Beard, No. 08-2652 (3rd Cir.) (617 F.3d 775) (August 16, 2010) (Judge Dolores K. Sloviter)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Eligibility for Parole

Newman v. Beard, No. 08-2652 (3rd Cir.) (617 F.3d 775) (August 16, 2010) (Judge Dolores K. Sloviter) by This is an interesting decision in which the Court held that a requirement in the State of Pennsylvania that sex offenders must admit their guilt in order to qualify for parole does …

Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693 (9th Cir.) (614 F.3d 1070) (September 8, 2010) (Judge Raymond C. Fisher)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Alien Tort Statute

Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693 (9th Cir.) (614 F.3d 1070) (September 8, 2010) (Judge Raymond C. Fisher) by Back in 2007, five individuals, all foreign nationals, sued Jeppesen Dataplan, a Boeing subsidiary, under the Alien Tort Statute, 28 U.S.C. § 1350, alleging various claims arising out of Jeppesen’s …

Lozano v. City of Hazelton, No. 07-3531 (3rd Cir.) (620 F.3d 170) (September 9, 2010) (Judge Theodore A. McKee)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Separation of Powers

Lozano v. City of Hazelton, No. 07-3531 (3rd Cir.) (620 F.3d 170) (September 9, 2010) (Judge Theodore A. McKee) by While this is not a criminal case, it is noted for its timely and comprehensive review of a topic affecting many illegal immigrants throughout the country - namely attempts by …

U.S. v. Carradine, No. 08-3220 (6th Cir.) (621 F.3d 575) (September 20, 2010) (Judge Alice M. Batchelder)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Carradine, No. 08-3220 (6th Cir.) (621 F.3d 575) (September 20, 2010) (Judge Alice M. Batchelder) by This is the first decision we have seen interpreting the Fair Sentencing Act of 2010 (“FSA”), which was passed by Congress on July 28, 2010 and enacted into law on Aug. 3, …

U.S. v. Comprehensive Drug Testing, Inc., No. 05-10067 (9th Cir.) (621 F.3d 1162) (September 13, 2010) (Per Curiam)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Electronically Stored Information

U.S. v. Comprehensive Drug Testing, Inc., No. 05-10067 (9th Cir.) (621 F.3d 1162) (September 13, 2010) (Per Curiam) by Here, on a Government motion for a rehearing, the Ninth Circuit amended and significantly diluted its previous en banc decision in which it had established a set of sweeping protocols to …

Al-Bihani v. Obama, No. 09-5051 (D.C. Cir.) (619 F.3d 1) (August 31, 2010) (Per Curiam)

Article • September 6, 2010 • from P&J September, 2010

Filed under: Punch And Jurists

Al-Bihani v. Obama, No. 09-5051 (D.C. Cir.) (619 F.3d 1) (August 31, 2010) (Per Curiam) by Here the Court declined to grant a rehearing en banc of an earlier controversial decision which denied habeas relief to a Guantanamo detainee, but 7 of the 9 judges carefully limited the scope ot …

U.S. v. Friel, No. Crim. No. 06-25-P-H (D.Me.) (699 F.Supp.2d 328) (March 29, 2010) (Judge D. Brock Hornby)

Article • September 6, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Medical Marijuana

U.S. v. Friel, No. Crim. No. 06-25-P-H (D.Me.) (699 F.Supp.2d 328) (March 29, 2010) (Judge D. Brock Hornby) by We have to applaud defendant Dennis Friel for his brave and highly imaginative efforts to amend his conditions of supervised release in this case. He was convicted in 2006 of possession …