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Dillon v. U.S., No. 09-6338 (U.S. Supreme Court) (560 U.S. 817; 130 S.Ct. 2683) (June 17, 2010) (Justice Sotomayor)
Article • June 28, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Eligibility Under § 3582(c)(2)
Dillon v. U.S., No. 09-6338 (U.S. Supreme Court) (560 U.S. 817; 130 S.Ct. 2683) (June 17, 2010) (Justice Sotomayor) by Here, over a strong dissent by Justice Stevens, the Court held that, notwithstanding it ruling in U.S. v. Booker, the Federal Sentencing Guidelines are binding in sentencing modification rehearings held …
City of Ontario v. Quon, No. 08-1332 (U.S. Supreme Court) (560 U.S. 746; 130 S.Ct. 2619) (June 17, 2010) (Justice Kennedy)
Article • June 28, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Stored Communications Act
City of Ontario v. Quon, No. 08-1332 (U.S. Supreme Court) (560 U.S. 746; 130 S.Ct. 2619) (June 17, 2010) (Justice Kennedy) by Here the Court unanimously held that a California police department did not violate the constitutional privacy rights of a police officer when it audited his sexually explicit text …
Holder v. Humanitarian Law Project, No. 08-1498 (U.S. Supreme Court) (561 U.S. 1; 130 S.Ct. 2705) (June 21, 2010) (Justice (John G.) Roberts)
Article • June 28, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Material Support Ban
Holder v. Humanitarian Law Project, No. 08-1498 (U.S. Supreme Court) (561 U.S. 1; 130 S.Ct. 2705) (June 21, 2010) (Justice (John G.) Roberts) by This case, which has a long and fractious history, is essentially about a controversial provision of the Patriot Act, namely 18 U. S. C. § 2339B, …
Vega v. Lantz, No. 08-4748-pr (2nd Cir.) (596 F.3d 77) (March 2, 2010) (Judge Barrington D. Jr. Parker)
Article • June 28, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Stigma Plus
Vega v. Lantz, No. 08-4748-pr (2nd Cir.) (596 F.3d 77) (March 2, 2010) (Judge Barrington D. Jr. Parker) by In a 42 U.S.C. § 1983 action claiming that plaintiff-inmate was improperly labeled as a sex offender in violation of the Due Process Clause, summary judgment for plaintiff is reversed where: …
Carachuri-Rosendo v. Holder, No. 09-60 (U.S. Supreme Court) (560 U.S. 605; 130 S.Ct. 2577) (June 14, 2010) (Justice Stevens)
Article • June 28, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Exceptions
Carachuri-Rosendo v. Holder, No. 09-60 (U.S. Supreme Court) (560 U.S. 605; 130 S.Ct. 2577) (June 14, 2010) (Justice Stevens) by In this case, a unanimous Court held that a second or subsequent conviction on a simple drug possession charge is not necessarily an “aggravated felony” for purposes of removal under …
U.S. v. Brenton-Farley, No. 08-15882 (11th Cir.) (607 F.3d 1294) (June 2, 2010) (Judge Edward E. Carnes)
Article • June 14, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Mandatory Minimums
U.S. v. Brenton-Farley, No. 08-15882 (11th Cir.) (607 F.3d 1294) (June 2, 2010) (Judge Edward E. Carnes) by In U.S. v. Farley, 2009 U.S. Dist. LEXIS 104437(N.D.Ga. Sept. 2, 2008) (P&J, 09/08/08) (Farley I), District Judge Beverly B. Martin concluded that the 30-year mandatory minimum sentence required by 18 U.S.C. …
In Re The City of New York, No. 10-0237-op (2nd Cir.) (607 F.3d 923) (June 9, 2010) (Judge Jose A. Cabranes)
Article • June 14, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Police Field Reports
In Re The City of New York, No. 10-0237-op (2nd Cir.) (607 F.3d 923) (June 9, 2010) (Judge Jose A. Cabranes) by Here the Court held that the NYPD can keep confidential “Field Reports” prepared by undercover police who investigated protest groups ahead of the 2004 Republican National Convention under …
U.S. v. Green, No. 08-5426-cr (2nd Cir.) (595 F.3d 432) (February 17, 2010) (Judge Amalya Lyle Kearse)
Article • June 14, 2010 • from P&J June, 2010
Filed under: Retroactivity, Punch And Jurists
U.S. v. Green, No. 08-5426-cr (2nd Cir.) (595 F.3d 432) (February 17, 2010) (Judge Amalya Lyle Kearse) by Defendant's crack cocaine and firearm possession sentence is affirmed where defendant was sentenced pursuant to a Fed. R. Crim. P. 11(c)(1)(C) plea agreement and was thus ineligible for a reduction of sentence …
Kiyemba v. Obama, No. 08-5424 (D.C. Cir.) (605 F.3d 1046) (May 28, 2010) (Per Curiam)
Article • June 14, 2010 • from P&J June, 2010
Filed under: Punch And Jurists
Kiyemba v. Obama, No. 08-5424 (D.C. Cir.) (605 F.3d 1046) (May 28, 2010) (Per Curiam) by For a summary of this decision see "New defeat for detainees: No fact-gathering allowed," by Lyle Denniston, as posted on SCOTUSBlog on May 28, 2010 at http://www.scotusblog.com/2010/05/new-defeat-for-detainees/ as follows: Reacting to a Supreme Court …
Barber v. Thomas, No. 09-5201 (U.S. Supreme Court) (560 U.S. 474; 130 S.Ct. 2499) (June 7, 2010) (Justice Breyer)
Article • June 14, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Calculation of 54 Days
Barber v. Thomas, No. 09-5201 (U.S. Supreme Court) (560 U.S. 474; 130 S.Ct. 2499) (June 7, 2010) (Justice Breyer) by For years, led principally by Stephen R. Sady, the brilliant and dedicated Chief Deputy Federal Public Defender from Portland, OR, Federal prisoners all across the country have argued that the …
Litif v. U.S., No. Civ. No. 02-11791-WGY (D.Mass.) (682 F.Supp.2d 60) (January 29, 2010) (Judge William G. Young)
Article • June 14, 2010 • from P&J June, 2010
Filed under: Police Misconduct, Punch And Jurists
Litif v. U.S., No. Civ. No. 02-11791-WGY (D.Mass.) (682 F.Supp.2d 60) (January 29, 2010) (Judge William G. Young) by The instant decision by Judge Young probably is the final chapter in the judicial epic that should be entitled “The FBI’s Bulger Gang Fiasco.” Previously, three other judges from the District …
Berghuis v. Thompkins, No. 08-1470 (U.S. Supreme Court) (560 U.S. 370; 130 S.Ct. 2250) (June 1, 2010) (Justice Kennedy)
Article • June 14, 2010 • from P&J June, 2010
Filed under: Punch And Jurists, Unequivocal Invocation of Right
Berghuis v. Thompkins, No. 08-1470 (U.S. Supreme Court) (560 U.S. 370; 130 S.Ct. 2250) (June 1, 2010) (Justice Kennedy) by In its landmark decision in Miranda v. Arizona, 384 U.S. 496 (1966), the Supreme Court recognized that a suspect in police custody can be worn down by prolonged questioning and …
Carr v. U.S., No. 08-1301 (U.S. Supreme Court) (560 U.S. 438; 130 S.Ct. 2229) (June 1, 2010) (Justice Sotomayor)
Article • June 14, 2010 • from P&J June, 2010
Filed under: Ex Post Facto, Punch And Jurists
Carr v. U.S., No. 08-1301 (U.S. Supreme Court) (560 U.S. 438; 130 S.Ct. 2229) (June 1, 2010) (Justice Sotomayor) by Here a divided Court reversed a conviction for failing to register as a sex offender under 18 U.S.C. § 2250, n the narrow grounds that § 2250 does not apply …
Harmelin v. Michigan, No. 89-7272 (U.S. Supreme Court) (501 U.S. 957; 111 S.Ct. 2680) (June 27, 1991) (Justice Scalia)
Article • June 7, 2010
Filed under: Punch And Jurists, Disproportionality
Harmelin v. Michigan, No. 89-7272 (U.S. Supreme Court) (501 U.S. 957; 111 S.Ct. 2680) (June 27, 1991) (Justice Scalia) by In this case, a divided Supreme Court found that a life sentence without parole is not disproportionate to the crime of possession of 672 grams of cocaine; and it held …
Rummel v. Estelle, No. 78-6386 (U.S. Supreme Court) (445 U.S. 263; 100 S.Ct. 1133) (March 18, 1980) (Justice Rehnquist)
Article • June 7, 2010
Filed under: Punch And Jurists, Disproportionality
Rummel v. Estelle, No. 78-6386 (U.S. Supreme Court) (445 U.S. 263; 100 S.Ct. 1133) (March 18, 1980) (Justice Rehnquist) by In this case, the Court held that it did not violate the Eighth Amendment for a State to sentence a three-time offender to life in prison with the possibility of …
Dickerson v. Napolitano, No. 09-2167-cv (2nd Cir.) (604 F.3d 732) (May 14, 2010) (Judge Robert D. Sack)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Waivers/Defaults
Dickerson v. Napolitano, No. 09-2167-cv (2nd Cir.) (604 F.3d 732) (May 14, 2010) (Judge Robert D. Sack) by In a civil rights action arising out of plaintiffs' arrests, incarcerations, and prosecutions for attempting to enter a federal building with objects resembling police badges, summary judgment for defendants is affirmed where: …
U.S. v. Johnston, No. 7:09-CR-72-D (E.D.N.C.) (707 F.Supp.2d 616) (April 6, 2010) (Judge James C. III Dever)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Inmate Financial Responsibility Program (IFRP)
U.S. v. Johnston, No. 7:09-CR-72-D (E.D.N.C.) (707 F.Supp.2d 616) (April 6, 2010) (Judge James C. III Dever) by Here the Court ordered a defendant to pay $1.6 million in restitution to two victims of his child pornography which had no chance of being paid since the defendant had no assets …
U.S. v. Alvarez, No. 08-50345 (9th Cir.) (617 F.3d 1198) (August 17, 2010) (Judge Milan D. Jr. Smith)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Stolen Valor Act
U.S. v. Alvarez, No. 08-50345 (9th Cir.) (617 F.3d 1198) (August 17, 2010) (Judge Milan D. Jr. Smith) by This case involves another one of those quick-fix, meddling and intrusive Federal statutes that seems to be about the only type of legislation that the current Congress can enact - namely, …
Ray v. Township of Warren, No. 09-4353 (3rd Cir.) (626 F.3d 170) (November 23, 2010) (Judge Kent A. Jordan)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Application to Home Searches
Ray v. Township of Warren, No. 09-4353 (3rd Cir.) (626 F.3d 170) (November 23, 2010) (Judge Kent A. Jordan) by Here the Third Circuit joined with a majority of the Circuits in holding that the “community caretaking exception” to the Fourth Amendment’s warrant requirement is limited to searches of automobiles …
U.S. v. Millis, No. 09-10134 (9th Cir.) (621 F.3d 914) (September 2, 2010) (Judge Sidney R. Thomas)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Vagueness
U.S. v. Millis, No. 09-10134 (9th Cir.) (621 F.3d 914) (September 2, 2010) (Judge Sidney R. Thomas) by Daniel Millis thought he was being a good Samaritan. He and a few volunteers from “No More Deaths,” an organization that provides humanitarian aid to migrants, were caught placing gallon-sized plastic bottles …
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