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Article • May 17, 2010 • from P&J May, 2010
Filed under: Punch And Jurists
U.S. v. Corner, No. 08-1033 (7th Cir.) (598 F.3d 411) (March 17, 2010) (Judge Frank H. Easterbrook) by
Article • May 17, 2010 • from P&J May, 2010
U.S. v. Culver, No. 07-14708 (11th Cir.) (598 F.3d 740) (March 2, 2010) (Judge Joel F. Dubina) by
Article • May 3, 2010 • from P&J May, 2010
Doe v. Holder, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (665 F.Supp.2d 426) (October 20, 2009) (Judge Victor Marrero) by [Editor's Note: For a chronological listing of the various decisions in this line of cases, see these prior and subsequent related decisions: • Doe v. Ashcroft, 334 F. Supp. 2d 471 …
Article • May 3, 2010 • from P&J May, 2010
U.S. v. Brown, No. 06-cr-071-1-2-SM (D.N.H.) (754 F.Supp.2d 311) (April 9, 2010) (Judge Steven J. McAuliffe) by Here the Court rejected the Government’s patently absurd proposition that a person who is convicted of a non-firearms related felony can no longer divest himself of legal title to any firearms he legally …
Article • May 3, 2010 • from P&J May, 2010
Filed under: Punch And Jurists
U.S. v. Johnston, No. 06-6397 (6th Cir.) (595 F.3d 292) (February 11, 2010) (Judge Ronald Lee Gilman) by Here the Court affirmed a dramatic increase under 18 U.S.C. § 3614 in the defendant’s prison sentence and in the amount of restitution he was required to pay due to his "willful …
Article • May 3, 2010 • from P&J May, 2010
Kindhearts For Charitable Human. Dev. v. Geithner, No. 3:08CV2400 (N.D.Ohio) (676 F.Supp.2d 649) (October 26, 2009) (Judge James G. Carr) by Here Judge Carr followed up on his earlier landmark ruling by enjoining the Government from proceeding to designate a domestic charity as a “Specially Designated Global Terrorist” pending his …
Article • May 3, 2010 • from P&J May, 2010
Filed under: Punch And Jurists
Bolarinwa v. Williams, No. 08-0832-pr (2nd Cir.) (593 F.3d 226) (January 28, 2010) (Judge Robert A. Katzmann) by In a murder prosecution, dismissal of petitioner's habeas petition as untimely is vacated where petitioner's mental illness could serve as a ground for equitable tolling of the one-year statute of limitations for …
Article • May 3, 2010 • from P&J May, 2010
Filed under: Punch And Jurists
U.S. v. Stevens, No. 08-769 (U.S. Supreme Court) (559 U.S. 469; 130 S.Ct. 1577) (April 20, 2010) (Justice (John G.) Roberts) by Here, by an 8 to 1 vote, the Court struck down as unconstitutionally overbroad 18 U.S.C. § 48, a law which criminalizes the creation or sale of depictions …
Article • April 19, 2010 • from P&J April, 2010
Lopez v. Terrell, No. 09 Civ. 8148 (RJH) (S.D.N.Y.) (697 F.Supp.2d 549) (March 26, 2010) (Judge Richard J. Holwell) by Here Judge Holwell held that prisoners sentenced pursuant to U.S.S.G. § 5G1.3(b) are entitled to good conduct time (GCT) credit for all time served in state custody and federal pre-trial …
Article • April 19, 2010 • from P&J April, 2010
U.S. v. Russell, No. 08-3120 (D.C. Cir.) (600 F.3d 631) (April 2, 2010) (Judge Stephen F. Williams) by The courts continue to debate where to draw the line when seeking to limit sex offenders‘ access to the Internet. In U.S. v. Dove, 343 Fed.Appx. 428, 2009 WL 2606878 (11th Cir. …
Article • April 19, 2010 • from P&J April, 2010
U.S. v. Carta, No. 09-1949 (1st Cir.) (592 F.3d 34) (January 15, 2010) (Judge Michael Boudin) by In U.S. v. Carta, 620 F.Supp.2d 210 (D.Mass. June 4, 2009) (Carta I) (P&J, 08/10/09), Judge Tauro of the D.Mass. issued an interesting decision in which he declined to grant the Government’s motion, …
Article • April 19, 2010 • from P&J April, 2010
Filed under: Punch And Jurists
U.S. v. Vasquez, No. 09-cr-259 (JG) (E.D.N.Y.) (2010 WL 1257359) (March 30, 2010) (Judge John Gleeson) by Here Judge Gleeson bluntly laid bare some of the many evils of mandatory minimum sentences, particularly when used against low-level street drug-dealers for no apparent reason other than to pad the resumes of …
Article • April 19, 2010 • from P&J April, 2010
U.S. v. Polouizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (697 F.Supp.2d 381) (March 23, 2010) (Judge Jack B. Weinstein) by Over the course of the past few years, the Government, Judge Weinstein and the Second Circuit have engaged in a protracted battle over the convictions and sentencing of Peter Polouizzi (who is …
Article • April 19, 2010 • from P&J April, 2010
Serra v. Lappin, No. 08-15969 (9th Cir.) (600 F.3d 1191) (April 9, 2010) (Judge Richard R. Clifton) by In this case, the Ninth Circuit rejected a claim filed on behalf of current and former federal prisoners who alleged that the low wages they were paid for work performed in prison …
Article • April 19, 2010 • from P&J April, 2010
Appleby v. Warden, Northern Regional Jail, No. 07-7613 (4th Cir.) (595 F.3d 532) (February 19, 2010) (Judge G. Steven Agee) by In Padilla v. Kentucky, No. 08-651, 559 U.S. ___, 2010 WL 1222274 (Mar. 31, 2010) (P&J, 04/05/10), the Supreme Court issued an important ruling in which it held for …
Article • April 19, 2010 • from P&J April, 2010
Filed under: Punch And Jurists
U.S. v. Baker, No. 6:08-CR-99 (E.D.Tex.) (672 F.Supp.2d 771) (December 7, 2009) (Judge Leonard Davis) by Kerry Scott Baker is one sick dude. He was arrested for producing and distributing over the Internet horrific and revolting images of his own three children engaged in various sexual acts that are too …
Article • April 19, 2010 • from P&J April, 2010
U.S. v. Stephens, No. CR09-3037-MWB (N.D.Iowa) (669 F.Supp.2d 960) (November 17, 2009) (Judge Mark W. Bennett) by [Editor's Note: In U.S. v. Stephens, 594 F.3d 1033 (8th Cir. Feb 17, 2010) (Docket No. 09-3706), the Eighth Circuit held that the provision of Adam Walsh Act mandating electronic monitoring and curfew …
Article • April 5, 2010 • from P&J April, 2010
In Re: NSA Telecommunucations Records Litigation, No. 07-0109-VRW (N.D.Cal.) (700 F.Supp.2d 1282) (March 31, 2010) (Judge Vaughn R. Walker) by Here Judge Walker granted the plaintiffs’ motion for summary judgment in their lawsuit for damages based on claims of being unlawfully wiretapped under the NSA’s Warrantless Surveillance Program, rejecting the …
Article • April 5, 2010 • from P&J April, 2010
In Re. U.S., No. 08-9131-MC (D.Or.) (665 F.Supp.2d 1210) (June 23, 2009) (Judge Michael W. Mosman) by In this case, the Government applied for (a) a search warrant to examine subscriber information and the content of emails belonging to certain subscribers of Google that were stored either by Google or …
Article • April 5, 2010 • from P&J April, 2010
Berghuis v. Smith, No. 08-1402 (U.S. Supreme Court) (559 U.S. 314; 130 S.Ct. 1382) (March 30, 2010) (Justice Ginsburg) by The Sixth Amendment provides in part that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State …
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