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U.S. v. Aumais, No. 8:08-CR-711 (GLS/DNH) (N.D.N.Y.) (2010 WL 3033821) (August 3, 2010) (Judge Gary L. Sharpe)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists
U.S. v. Aumais, No. 8:08-CR-711 (GLS/DNH) (N.D.N.Y.) (2010 WL 3033821) (August 3, 2010) (Judge Gary L. Sharpe) by We have noted of late a growing controversy in the Federal courts over whether victims of child pornography may recover restitution, under 18 U.S.C. § 2259(b)(1), from mere “consumers” who viewed the …
Dawn v. Ciavarella, No. Civ. No. 3:10-CV-0797 (M.D.Pa.) (2010 WL 3122858) (August 9, 2010) (Judge A. Richard Caputo)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Immunity - Judicial
Dawn v. Ciavarella, No. Civ. No. 3:10-CV-0797 (M.D.Pa.) (2010 WL 3122858) (August 9, 2010) (Judge A. Richard Caputo) by This decision is another episode in the continuing and widely-publicized scandal in Pennsylvania in which two former Luzerne County, PA judges - Mark A. Ciavarella and Michael T. Conahan - were …
Lafuente v. U.S., No. 08-3670 (7th Cir.) (617 F.3d 944) (August 13, 2010) (Per Curiam)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Failure to Disclose Pending Criminal Investigation
Lafuente v. U.S., No. 08-3670 (7th Cir.) (617 F.3d 944) (August 13, 2010) (Per Curiam) by Here the Court held that the district court had erred in prematurely denying § 2255 relief without a hearing on the petitioner's claim that he had been denied his right to conflict-free counsel because …
U.S. v. Mahaffy, No. 05-CR-613 (JG) (E.D.N.Y.) (2010 WL 2925952) (July 21, 2010) (Judge John Gleeson)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Disclosure Obligations
U.S. v. Mahaffy, No. 05-CR-613 (JG) (E.D.N.Y.) (2010 WL 2925952) (July 21, 2010) (Judge John Gleeson) by Here the Court denied a Rule 29 motion based on the Government’s failure to disclose the transcripts of certain SEC depositions, but sharply criticized it, stating it was “mystified” by its failure to …
U.S. v. Boyd, No. 09-1425 (7th Cir.) (608 F.3d 331) (June 11, 2010) (Judge David F. Hamilton)
Article • August 23, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Voluntary Compliance
U.S. v. Boyd, No. 09-1425 (7th Cir.) (608 F.3d 331) (June 11, 2010) (Judge David F. Hamilton) by The defendant in this case, Shabaka Boyd, pled guilty to number of charges including possession of crack cocaine and some related gun charges; and he was sentenced to an obscene 334 months …
Giron v. City of Alexander, No. 4:07-CV-00568 GTE (E.D.Ark.) (693 F.Supp.2d 904) (March 5, 2010) (Judge Garnett Thomas Eisele)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Compensatory and Punitive Damages
Giron v. City of Alexander, No. 4:07-CV-00568 GTE (E.D.Ark.) (693 F.Supp.2d 904) (March 5, 2010) (Judge Garnett Thomas Eisele) by As the nation grapples with a growing surge of anti-immigrant legislation, this thoughtful decision by the distinguished Senior District Judge Garnett Thomas Eisele, Jr. of the E.D.Ark. is a timely …
U.S. v. Marzzarella, No. 09-3185 (3rd Cir.) (614 F.3d 85) (July 29, 2010) (Judge Anthony J. Scirica)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Obliterated Serial Number
U.S. v. Marzzarella, No. 09-3185 (3rd Cir.) (614 F.3d 85) (July 29, 2010) (Judge Anthony J. Scirica) by Here the Court rejected a post-Heller Second Amendment challenge to the constitutional validity of 18 U.S.C. § 922(k), which makes it a Federal crime to possess a firearm that has the manufacturer’s …
In Re: Any and All Funds or Other Assets in Brown Brothers Harriman Account # 8870792, No. 09-5065 (D.C. Cir.) (613 F.3d 1122) (July 16, 2010) (Judge Brett M. Kavanaugh)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Foreign Crimes/Conduct
In Re: Any and All Funds or Other Assets in Brown Brothers Harriman Account # 8870792, No. 09-5065 (D.C. Cir.) (613 F.3d 1122) (July 16, 2010) (Judge Brett M. Kavanaugh) by Here the Court refused to expand the U.S. Justice Department's ability to restrain assets in the United States pursuant …
A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (723 F.Supp.2d 621) (July 15, 2010) (Judge Alvin K. Hellerstein)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Intelligence Activities/Sources
A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (723 F.Supp.2d 621) (July 15, 2010) (Judge Alvin K. Hellerstein) by In this long running Freedom of Information Act case, Judge Hellerstein held that determinations by the Director of the CIA that materials are exempt from disclosure under FOIA …
U.S. v. Awad, No. 07-4483-cr (2nd Cir.) (598 F.3d 76) (March 11, 2010) (Per Curiam)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists
U.S. v. Awad, No. 07-4483-cr (2nd Cir.) (598 F.3d 76) (March 11, 2010) (Per Curiam) by In defendants' appeal from an order of criminal forfeiture against defendants pursuant to 21 U.S.C. § 853, the order is affirmed where § 853 permits imposition of a money judgment on a defendant who …
U.S. v. Williams, No. 09-3174 (7th Cir.) (616 F.3d 685) (August 5, 2010) (Judge Michael S. Kanne)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Felon in Possession Statute
U.S. v. Williams, No. 09-3174 (7th Cir.) (616 F.3d 685) (August 5, 2010) (Judge Michael S. Kanne) by Here the Court rejected a Second Amendment challenge to the constitutional validity of 18 U.S.C. § 922(g)(1), which bars all convicted felons from possessing firearms, but suggested that a challenge to that …
U.S. v. Davis, No. 08-3240-cr (2nd Cir.) (598 F.3d 10) (March 10, 2010) (Judge Robert D. Sack)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists
U.S. v. Davis, No. 08-3240-cr (2nd Cir.) (598 F.3d 10) (March 10, 2010) (Judge Robert D. Sack) by Government's motion for summary affirmance of defendant's child pornography possession sentence before the appeal of the sentence had been fully briefed is denied where the appeal rested on neither fanciful allegations of …
In Re: United States, No. 10-2766 (7th Cir.) (614 F.3d 661) (July 30, 2010) (Judge Richard A. Posner)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Hostility Towards the Prosecution
In Re: United States, No. 10-2766 (7th Cir.) (614 F.3d 661) (July 30, 2010) (Judge Richard A. Posner) by In an extremely rare and vituperative judicial donnybrook, an outraged panel from the Seventh Circuit unleashed a tirade of acrimonious anger on the head of the presiding Chief Judge of the …
U.S. v. Maynard, No. 08-3030 (D.C. Cir.) (615 F.3d 544) (August 6, 2010) (Judge Douglas Ginsburg)
Article • August 9, 2010 • from P&J August, 2010
Filed under: Punch And Jurists, Warrantless Searches
U.S. v. Maynard, No. 08-3030 (D.C. Cir.) (615 F.3d 544) (August 6, 2010) (Judge Douglas Ginsburg) by Here the D.C. Circuit became the first Federal Appellate Court to hold that the police need a warrant, based on probable cause, to use a GPS tracking device on a vehicle to track …
U.S. v. Kaiser, No. 07-2365-cr (2nd Cir.) (609 F.3d 556) (July 1, 2010) (Judge Rosemary S. Pooler)
Article • August 1, 2010
Filed under: Punch And Jurists
U.S. v. Kaiser, No. 07-2365-cr (2nd Cir.) (609 F.3d 556) (July 1, 2010) (Judge Rosemary S. Pooler) by Defendant's securities fraud conviction is vacated where the district court erred in its instruction with respect to the conscious avoidance theory and in admitting the statement of defendant's corporation's general counsel. [Editor's …
U.S. v. Ramirez, No. 07-2912-cr (L) (2nd Cir.) (609 F.3d 495) (June 29, 2010) (Judge Barrington D. Jr. Parker)
Article • August 1, 2010
Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
U.S. v. Ramirez, No. 07-2912-cr (L) (2nd Cir.) (609 F.3d 495) (June 29, 2010) (Judge Barrington D. Jr. Parker) by Defendants' drug conspiracy convictions and sentences are affirmed where 1) the district court improperly relied on "acquitted conduct" to establish drug quantity at sentencing, but the error was harmless; and …
U.S. v. Castello, No. 09-2784-cr (2nd Cir.) (611 F.3d 116) (July 7, 2010) (Judge Dennis G. Jacobs)
Article • August 1, 2010
Filed under: Punch And Jurists
U.S. v. Castello, No. 09-2784-cr (2nd Cir.) (611 F.3d 116) (July 7, 2010) (Judge Dennis G. Jacobs) by A revised forfeiture order against defendant based on his conviction for failing to file Currency Transaction Reports in the course of running his check-cashing business is vacated where the application of the …
U.S. v. Julius, No. 08-4267-cr (2nd Cir.) (610 F.3d 60) (June 11, 2010) (Judge Rosemary S. Pooler)
Article • August 1, 2010
Filed under: Punch And Jurists, Exclusionary Rule
U.S. v. Julius, No. 08-4267-cr (2nd Cir.) (610 F.3d 60) (June 11, 2010) (Judge Rosemary S. Pooler) by In the government's appeal from the district court's order holding that a firearm seized during the arrest of defendant must be excluded from evidence because it was obtained as a result of …
U.S. v. Woltmann, No. 10-413 (2nd Cir.) (610 F.3d 37) (July 6, 2010) (Judge Dennis G. Jacobs)
Article • August 1, 2010
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Woltmann, No. 10-413 (2nd Cir.) (610 F.3d 37) (July 6, 2010) (Judge Dennis G. Jacobs) by In a tax fraud prosecution, the government's motion to dismiss defendant's appeal from his sentence is denied, and the sentence is vacated, where the appeal waiver provision of defendant's plea agreement was …
U.S. v. Malki, No. 08-4417-cr (L) (2nd Cir.) (609 F.3d 503) (June 29, 2010) (Judge Jon O. Newman)
Article • August 1, 2010
Filed under: Punch And Jurists, Transmitting National Defense Information
U.S. v. Malki, No. 08-4417-cr (L) (2nd Cir.) (609 F.3d 503) (June 29, 2010) (Judge Jon O. Newman) by Defendant's sentence for improper use of national defense information is vacated where § 2M3.3 of the Sentencing Guidelines, rather than § 2M3.2, should have been used for the initial calculation of …
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