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U.S. v. Graham, No. 09-6013 (4th Cir.) (608 F.3d 164) (June 16, 2010) (Judge Diana Gribbon Motz)
Article • September 6, 2010 • from P&J September, 2010
Filed under: Punch And Jurists, Certificate of Innocence
U.S. v. Graham, No. 09-6013 (4th Cir.) (608 F.3d 164) (June 16, 2010) (Judge Diana Gribbon Motz) by This lengthy decision addressed, as a matter of first impression, the provisions of 28 U.S.C. § 2513, a statute that lays out the requirements for obtaining a “Certificate of Innocence,” which is …
U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (743 F.Supp.2d 242) (August 17, 2010) (Judge Lewis A. Kaplan)
Article • September 6, 2010 • from P&J September, 2010
Filed under: Punch And Jurists, Coercive Interrogations
U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (743 F.Supp.2d 242) (August 17, 2010) (Judge Lewis A. Kaplan) by Here the Court ordered a hearing to determine whether testimony from a key Government witness should be suppressed on the grounds that the witness’ identity was revealed by the …
U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (617 F.3d 1120) (August 12, 2010) (Per Curiam)
Article • September 6, 2010 • from P&J September, 2010
Filed under: Punch And Jurists, Warrantless Searches
U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (617 F.3d 1120) (August 12, 2010) (Per Curiam) by Here, over the strong dissent of five judges, the Ninth Circuit declined to grant a rehearing en banc of a controversial decision which held that the police may secretly place a GPS device on …
Thomas v. Bryant, No. 09-11658 (11th Cir.) (614 F.3d 1288) (August 20, 2010) (Judge R. Lanier III Anderson)
Article • September 6, 2010 • from P&J September, 2010
Filed under: Punch And Jurists, Chemical Spraying of Mentally Ill Inmates
Thomas v. Bryant, No. 09-11658 (11th Cir.) (614 F.3d 1288) (August 20, 2010) (Judge R. Lanier III Anderson) by The Court’s opening sentences in this case vividly describe another instance of senseless, outrageous and condoned prison brutality in modern-day America: “This appeal presents important questions concerning the intersection of the …
U.S. v. White, No. 09-2916 (7th Cir.) (610 F.3d 956) (June 28, 2010) (Per Curiam)
Article • September 6, 2010 • from P&J September, 2010
Filed under: Punch And Jurists, Protected Speech
U.S. v. White, No. 09-2916 (7th Cir.) (610 F.3d 956) (June 28, 2010) (Per Curiam) by In U.S. v. White, 638 F.Supp.2d 935 (E.D.Wisc. July 20, 2009) (“White I”) (P&J, 07/13/09), Judge Lynn Adelman dismissed a Federal indictment against William White, a white supremacist, who the Government had charged with …
U.S. v. Lanham, No. 09-5094 (6th Cir.) (617 F.3d 873) (August 24, 2010) (Judge Damon J. Keith)
Article • September 6, 2010 • from P&J September, 2010
Filed under: Punch And Jurists
U.S. v. Lanham, No. 09-5094 (6th Cir.) (617 F.3d 873) (August 24, 2010) (Judge Damon J. Keith) by Here the Court rejected an appeal by two particularly depraved prison guards who were convicted of conspiring to deprive a young teenager of his civil rights after deloiberately placing him in a …
U.S. v. Menendez, No. 08-2761-cr (2nd Cir.) (600 F.3d 263) (March 29, 2010) (Judge Roger J. Miner)
Article • September 6, 2010 • from P&J September, 2010
Filed under: Punch And Jurists, Reasonableness of Sentence
U.S. v. Menendez, No. 08-2761-cr (2nd Cir.) (600 F.3d 263) (March 29, 2010) (Judge Roger J. Miner) by Defendant's drug conspiracy sentence is affirmed where 1) the district court did not err in calculating the base offense level for defendant’s conviction in Count Two, conspiracy to launder money, by considering …
U.S. v. Burden, No. 03-1727-cr-LEAD (2nd Cir.) (600 F.3d 204) (March 31, 2010) (Judge John R. Gibson)
Article • September 6, 2010 • from P&J September, 2010
Filed under: Punch And Jurists, Testimonial Statements
U.S. v. Burden, No. 03-1727-cr-LEAD (2nd Cir.) (600 F.3d 204) (March 31, 2010) (Judge John R. Gibson) by Defendants' convictions under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Violent Crimes in Aid of Racketeering statute (VCAR) are affirmed where: 1) sufficient evidence existed to support the jury's …
Olmstead v. U.S., No. 493 (U.S. Supreme Court) (277 U.S. 438; 48 S.Ct. 564) (June 4, 2028) (Justice Taft)
Article • September 4, 2010
Filed under: Punch And Jurists, Wiretap Evidence
Olmstead v. U.S., No. 493 (U.S. Supreme Court) (277 U.S. 438; 48 S.Ct. 564) (June 4, 2028) (Justice Taft) by This seminal case held no Constitutional violation occurs when wiretap evidence is introduced; and it is particularly noted for Justice Brandeis' statement that the existence of the government will be …
U.S. v. Tutty, No. 09-2705-cr (2nd Cir.) (612 F.3d 128) (July 16, 2010) (Judge Denny Chin)
Article • September 1, 2010
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence
U.S. v. Tutty, No. 09-2705-cr (2nd Cir.) (612 F.3d 128) (July 16, 2010) (Judge Denny Chin) by Defendant's child pornography sentence is vacated where the district court erred when it held, relying on outdated law, that it did not have the authority to impose a non-Guideline sentence based on policy …
U.S. v. DeSilva, No. 09-2988-cr (2nd Cir.) (613 F.3d 352) (July 28, 2010) (Per Curiam)
Article • September 1, 2010
Filed under: Punch And Jurists, Reliance on Psychologist's Report
U.S. v. DeSilva, No. 09-2988-cr (2nd Cir.) (613 F.3d 352) (July 28, 2010) (Per Curiam) by Defendant's child pornography sentence is vacated where the district court committed procedural error by engaging in clearly erroneous fact-finding at defendant's sentencing when it relied upon a psychologist's report -- which was prepared for …
U.S. v. Caracappa, No. 09-1177-cr (2nd Cir.) (614 F.3d 30) (July 23, 2010) (Judge Amalya Lyle Kearse)
Article • September 1, 2010
Filed under: Punch And Jurists, Failure to Address/Advise Defendant
U.S. v. Caracappa, No. 09-1177-cr (2nd Cir.) (614 F.3d 30) (July 23, 2010) (Judge Amalya Lyle Kearse) by Defendants' racketeering and drug conspiracy convictions are affirmed where: 1) there was no error in the district court's determination that defendants had suggested that a witness had fabricated his testimony in order …
U.S. v. Bari, No. 09-1074-cr (2nd Cir.) (599 F.3d 176) (March 22, 2010) (Per Curiam)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Revocation Proceedings
U.S. v. Bari, No. 09-1074-cr (2nd Cir.) (599 F.3d 176) (March 22, 2010) (Per Curiam) by In defendant's appeal from the district court's judgment revoking Bari’s term of supervised release, imposed after an earlier conviction for bank robbery and, after revocation, sentencing him principally to a term of thirty-six months’ …
U.S. v. Sabhnani, No. 08-3720-cr (L) (2nd Cir.) (599 F.3d 215) (March 25, 2010) (Judge Debra Ann Livingston)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists
U.S. v. Sabhnani, No. 08-3720-cr (L) (2nd Cir.) (599 F.3d 215) (March 25, 2010) (Judge Debra Ann Livingston) by Defendants' forced labor, harboring aliens, peonage, and document servitude convictions are affirmed where 1) the district court did not err in denying defendants' motion for a change of venue because the …
U.S. v. Janvier, No. 08-5978-cr (2nd Cir.) (599 F.3d 264) (March 26, 2010) (Judge Gerard E. Lynch)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Jurisdiction
U.S. v. Janvier, No. 08-5978-cr (2nd Cir.) (599 F.3d 264) (March 26, 2010) (Judge Gerard E. Lynch) by In defendant's appeal from the district court's order revoking his term of supervised release due to his use of drugs, and sentencing him to five months' incarceration and an additional period of …
U.S. v. Gilmore, No. 07-0349-cr (2nd Cir.) (599 F.3d 160) (March 17, 2010) (Judge Pierre N. Leval)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists
U.S. v. Gilmore, No. 07-0349-cr (2nd Cir.) (599 F.3d 160) (March 17, 2010) (Judge Pierre N. Leval) by Defendant's sentence for producing child pornography of a minor child under his custody and control is affirmed where, if a sentencing court calculates and considers a sentence under the version of the …
U.S. v. Cantrell, No. 09-1856 (7th Cir.) (617 F.3d 919) (August 11, 2010) (Judge Terrence T. Evans)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Kickback Scheme
U.S. v. Cantrell, No. 09-1856 (7th Cir.) (617 F.3d 919) (August 11, 2010) (Judge Terrence T. Evans) by This is the first lower court decision we have seen since the Supreme Court’s trio of rulings on June 24, 2010, which pared down the scope of “honest services fraud” convictions under …
U.S. v. Corsmeier, No. 08-3668 (6th Cir.) (617 F.3d 417) (August 16, 2010) (Judge Eric L. Clay)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence
U.S. v. Corsmeier, No. 08-3668 (6th Cir.) (617 F.3d 417) (August 16, 2010) (Judge Eric L. Clay) by In June, 2006, Stephanie Corsmeier and Stacey Lester, both of whom worked for a title company, American Security Title (“AST”), were indicted on a number of counts of bank, wire and mail …
U.S. v. Van Buren, No. 08-6262-cr (2nd Cir.) (599 F.3d 170) (March 17, 2010) (Judge Chester J. Straub)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists
U.S. v. Van Buren, No. 08-6262-cr (2nd Cir.) (599 F.3d 170) (March 17, 2010) (Judge Chester J. Straub) by Defendant's conviction for failing to comply with the requirements of the Sex Offender Registration and Notification Act (SORNA) is affirmed where: 1) defendant's conduct in terminating his residence to travel to …
U.S. v. Gomez, No. 08-3829-cr (2nd Cir.) (617 F.3d 88) (August 4, 2010) (Judge Rosemary S. Pooler)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Prejudice
U.S. v. Gomez, No. 08-3829-cr (2nd Cir.) (617 F.3d 88) (August 4, 2010) (Judge Rosemary S. Pooler) by Here the Court sharply vacated a drug conviction because the Government introduced highly prejudicial hearsay testimony from a detective who testified to the jury that a co-conspirator had identified the defendant as …
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