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U.S. v. Needham, No. 06-5652-cr (2nd Cir.) (604 F.3d 673) (May 14, 2010) (Judge Barrington D. Jr. Parker)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Interstate Commerce - Effect on
U.S. v. Needham, No. 06-5652-cr (2nd Cir.) (604 F.3d 673) (May 14, 2010) (Judge Barrington D. Jr. Parker) by Defendant's Hobbs Act robbery and Hobbs Act conspiracy convictions are affirmed in part where the interstate commerce element was proven with respect to the defendants' conspiracy convictions, which encompassed cocaine and …
U.S. v. White, No. 09-7933 (4th Cir.) (620 F.3d 401) (September 22, 2010) (Judge Andre M. Davis)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Sell Factors
U.S. v. White, No. 09-7933 (4th Cir.) (620 F.3d 401) (September 22, 2010) (Judge Andre M. Davis) by Here a divided panel vacated an order to forcibly medicate a mentally ill inmate to make her competent to stand trial, saying the order “comes perilously close to a forcible medication regime …
Los Angeles County v. Humphries, No. 09-350 (U.S. Supreme Court) (562 U.S. 29; 131 S.Ct. 447) (November 30, 2010) (Justice Breyer)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Proof Required for Claims Seeking Prospective Relief
Los Angeles County v. Humphries, No. 09-350 (U.S. Supreme Court) (562 U.S. 29; 131 S.Ct. 447) (November 30, 2010) (Justice Breyer) by One reason for the growing anger at, and mistrust of, Big Government is the sense of utter frustration and absolute helplessness that the average citizen feels when dealing …
U.S. v. Whigham, No. 06cr10328-NG (D.Mass.) (754 F.Supp.2d 239) (December 3, 2010) (Judge Nancy Gertner)
Article • June 1, 2010 • from P&J December, 2010
Filed under: Punch And Jurists, Booker/Fanfan Issues
U.S. v. Whigham, No. 06cr10328-NG (D.Mass.) (754 F.Supp.2d 239) (December 3, 2010) (Judge Nancy Gertner) by In this noteworthy sentencing memorandum, Judge Gertner explained her reasons for imposing a 60-month sentence on a defendant charged with distributing 4.75 grams of crack cocaine, rather than a sentence within the Guidelines’ recommended …
Castillo v. U.S., No. 99-658 (U.S. Supreme Court) (530 U.S. 120; 120 S.Ct. 2090) (June 5, 2000) (Justice Breyer)
Article • May 31, 2010 • from P&J May, 2000
Filed under: Punch And Jurists, Essential Elements of Crime
Castillo v. U.S., No. 99-658 (U.S. Supreme Court) (530 U.S. 120; 120 S.Ct. 2090) (June 5, 2000) (Justice Breyer) by This is another significant decision from the current Supreme Court that is bound to raise as many questions as it answers. Building on its recent decisions in Jones v. U.S., …
Mayfield v. U.S., No. 07-35865 (9th Cir.) (599 F.3d 964) (March 24, 2010) (Judge Richard A. Paez)
Article • May 31, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Significant Purpose Test
Mayfield v. U.S., No. 07-35865 (9th Cir.) (599 F.3d 964) (March 24, 2010) (Judge Richard A. Paez) by Here, the Court vacated, on standing grounds, Judge Ann Aiken's landmark decision, reported at Mayfield v. U.S., 504 F.Supp.2d 1023 (D.Or. Sept. 26, 2007), where she held that two key provisions of …
Al Maqaleh v. Gates, No. 09-5265 (D.C. Cir.) (605 F.3d 84) (May 21, 2010) (Judge David B. Sentelle)
Article • May 31, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Site of Detention
Al Maqaleh v. Gates, No. 09-5265 (D.C. Cir.) (605 F.3d 84) (May 21, 2010) (Judge David B. Sentelle) by Here the Court reversed a prior decision by District Judge Bates and held that three detainees who have been held for years without trial at the Bagram Air Base in Afghanistan …
U.S. v. Rigas, No. 08-3218 (3rd Cir.) (605 F.3d 194) (May 12, 2010) (Judge Julio M. Fuentes)
Article • May 31, 2010 • from P&J May, 2010
Filed under: Punch And Jurists
U.S. v. Rigas, No. 08-3218 (3rd Cir.) (605 F.3d 194) (May 12, 2010) (Judge Julio M. Fuentes) by John and Timothy Rigas, former executives of Adelphia Communications Corp., were convicted in New York in 2004 of conspiracy to commit offenses against the U.S. in violation of 18 U.S.C. § 371 …
Jefferson v. Upton, No. 09-8852 (U.S. Supreme Court) (560 U.S. 284; 130 S.Ct. 2217) (May 24, 2010) (Per Curiam)
Article • May 31, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Capital Punishment
Jefferson v. Upton, No. 09-8852 (U.S. Supreme Court) (560 U.S. 284; 130 S.Ct. 2217) (May 24, 2010) (Per Curiam) by
U.S. v. O'Brien, No. 08-1569 (U.S. Supreme Court) (560 U.S. 218; 130 S.Ct. 2169) (May 24, 2010) (Justice Kennedy)
Article • May 31, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Sentencing Factors vs. Essential Elements of Crime
U.S. v. O'Brien, No. 08-1569 (U.S. Supreme Court) (560 U.S. 218; 130 S.Ct. 2169) (May 24, 2010) (Justice Kennedy) by The firearm penalty provisions contained in 18 U.S.C. § 924(c)(1) provide for a series of escalating mandatory minimum sentences depending on the manner in which the basic crime is carried …
U.S. v. Marcus, No. 08-1341 (U.S. Supreme Court) (560 U.S. 258; 130 S.Ct. 2159) (May 24, 2010) (Justice Breyer)
Article • May 31, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Standards for Determining
U.S. v. Marcus, No. 08-1341 (U.S. Supreme Court) (560 U.S. 258; 130 S.Ct. 2159) (May 24, 2010) (Justice Breyer) by Here the Court rejected the Second Circuit's interpretation of Rule 52(b) that it must recognize a plain error if there is “any possibility” that a jury convicted a defendant on …
Graham v. Florida, No. 08-7412 (U.S. Supreme Court) (560 U.S. 48; 130 S.Ct. 2011) (May 17, 2010) (Justice Kennedy)
Article • May 31, 2010 • from P&J May, 2010
Filed under: Punch And Jurists
Graham v. Florida, No. 08-7412 (U.S. Supreme Court) (560 U.S. 48; 130 S.Ct. 2011) (May 17, 2010) (Justice Kennedy) by In this case, the Supreme Court addressed the issue of whether the Constitution permits a juvenile offender to be sentenced to life in prison without the possibility of parole (“LWOP”) …
U.S. v. Comstock, No. 08-1224 (U.S. Supreme Court) (560 U.S. 126; 130 S.Ct. 1949) (May 17, 2010) (Justice Breyer)
Article • May 31, 2010 • from P&J May, 2010
Filed under: Civil Commitment, Punch And Jurists
U.S. v. Comstock, No. 08-1224 (U.S. Supreme Court) (560 U.S. 126; 130 S.Ct. 1949) (May 17, 2010) (Justice Breyer) by One of the most controversial and hotly-debated provisions of the Adam Walsh Child Protection and Safety Act of 2006 (herein the “Walsh Act”) is 18 U.S.C. § 4248, which gives …
Frisbie v. Collins, No. 331 (U.S. Supreme Court) (342 U.S. 519; 72 S.Ct. 509) (March 10, 2052) (Justice Black)
Article • May 18, 2010
Filed under: Punch And Jurists, Ker-Frisbie Rule
Frisbie v. Collins, No. 331 (U.S. Supreme Court) (342 U.S. 519; 72 S.Ct. 509) (March 10, 2052) (Justice Black) by In this case, in the context of a defendant's forciblle abduction from the state of Illinois to the state of Michigan for trial, the Supreme Court that the power of …
U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (751 F.Supp.2d 502) (May 10, 2010) (Judge Lewis A. Kaplan)
Article • May 17, 2010 • from P&J September, 2010
Filed under: Punch And Jurists, Dismissal of Indictment
U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (751 F.Supp.2d 502) (May 10, 2010) (Judge Lewis A. Kaplan) by Ahmed Ghailani is one of the alleged terrorists who was charged with the bombing the U.S. Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania in 1998 and which …
U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (604 F.3d 84) (May 11, 2010) (Judge Barrington D. Jr. Parker)
Article • May 17, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence
U.S. v. Dorvee, No. 09-0648-cr (2nd Cir.) (604 F.3d 84) (May 11, 2010) (Judge Barrington D. Jr. Parker) by Here, in a decision that sharply criticized the validity of many of the enhancements U.S.S.G. § 2G2.2, the Court vacated, as substantively unreasonable, a 240-month sentence imposed in a child porn …
Hayden v. Patterson, No. 04-3886-pr (2nd Cir.) (594 F.3d 150) (January 28, 2010) (Judge Chester J. Straub)
Article • May 17, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Felon Disenfranchisement Statute
Hayden v. Patterson, No. 04-3886-pr (2nd Cir.) (594 F.3d 150) (January 28, 2010) (Judge Chester J. Straub) by In a Due Process and Equal Protection Clause challenge to New York's felon disenfranchisement laws, judgment on the pleadings for defendants is affirmed where: 1) plaintiffs' amended complaint failed to allege any …
U.S. v. Phaknikone, No. 09-10084 (11th Cir.) (605 F.3d 1099) (May 10, 2010) (Judge William H. Jr. Pryor)
Article • May 17, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Facebook/MySpace/Etc.
U.S. v. Phaknikone, No. 09-10084 (11th Cir.) (605 F.3d 1099) (May 10, 2010) (Judge William H. Jr. Pryor) by In many ways, this is an amazing case about the conduct of criminal trials in modern-day Georgia. First of all, the defendant, one Souksakhone Phaknikone, was convicted on 15 counts of …
Hui v. Castaneda, No. 08-1529 (U.S. Supreme Court) (559 U.S. 799; 130 S.Ct. 1845) (May 3, 2010) (Justice Sotomayor)
Article • May 17, 2010 • from P&J May, 2010
Filed under: Punch And Jurists, Public Health Service Exemption
Hui v. Castaneda, No. 08-1529 (U.S. Supreme Court) (559 U.S. 799; 130 S.Ct. 1845) (May 3, 2010) (Justice Sotomayor) by Here the Court held that, based on the plain language of 42 U.S.C. § 233(a), employees of the Public Health Service cannot be sued personally for damages in a Bivens …
Renico v. Lett, No. 09-338 (U.S. Supreme Court) (559 U.S. 766; 130 S.Ct. 1855) (May 3, 2010) (Justice (John G.) Roberts)
Article • May 17, 2010 • from P&J May, 2010
Filed under: Punch And Jurists
Renico v. Lett, No. 09-338 (U.S. Supreme Court) (559 U.S. 766; 130 S.Ct. 1855) (May 3, 2010) (Justice (John G.) Roberts) by In theory, this case was about a double jeopardy issue - namely whether the defendant’s retrial on murder charges violated his double jeopardy rights under the U.S. Constitution …
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