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Packingham v. North Carolina, No. 15-1194 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1730) (June 19, 2017) (Justice Kennedy)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Social Media

Packingham v. North Carolina, No. 15-1194 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1730) (June 19, 2017) (Justice Kennedy) by In this decision, “one of the first . . . to address the relationship between the First Amendment and the modern Internet,” the Supreme Court held that laws that …

Ziglar v. Abbasi, No. 15-1358 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1843) (June 19, 2017) (Justice Kennedy)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Limitations, Punch And Jurists

Ziglar v. Abbasi, No. 15-1358 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1843) (June 19, 2017) (Justice Kennedy) by In the immediate aftermath of the September 11, 2001 terrorist attacks in this country, the Federal government took into custody hundreds of “illegal aliens” and held them without bail pending …

Lee v. U.S., No. 16-327 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1958) (June 23, 2017) (Justice (John G.) Roberts)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Lee v. U.S., No. 16-327 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1958) (June 23, 2017) (Justice (John G.) Roberts) by In a rare showing of judicial sympathy for an immigrant about to be deported, the Court latched on to a somewhat strained reading of the Strickland prejudice standard …

Weaver v. Massachusetts, No. 16-240 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1899) (June 22, 2017) (Justice Kennedy)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Weaver v. Massachusetts, No. 16-240 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1899) (June 22, 2017) (Justice Kennedy) by The highly technical (and overly pious?) question before the Court in this case involved the proper application of two, intertwined doctrines - structural error and ineffective assistance of counsel. More …

Honeycutt v. U.S., No. 16-142 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1626) (June 5, 2017) (Justice Sotomayor)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists

Honeycutt v. U.S., No. 16-142 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1626) (June 5, 2017) (Justice Sotomayor) by Under the Federal drug forfeiture laws, a defendant can be ordered to turn over “any proceeds the person obtained, directly or indirectly,” from the crime. In addition, if assets traceable …

Kokesh v. S.E.C., No. 16-529 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1635) (June 5, 2017) (Justice Sotomayor)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Statutes of Limitation and Laches

Kokesh v. S.E.C., No. 16-529 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1635) (June 5, 2017) (Justice Sotomayor) by

Molina-Martinez v. U.S., No. 14-8913 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1338) (April 20, 2016) (Justice Kennedy)

Article • May 29, 2017 • from P&J April, 2016

Filed under: Punch And Jurists

Molina-Martinez v. U.S., No. 14-8913 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1338) (April 20, 2016) (Justice Kennedy) by In this highly fact-specific case, the Supreme Court clarified the correct standard of review in an appeal, under Rule 52(b) of the Fed.R.Crim.P., from a forfeited Guidelines error. The petitioner, …

Ocasio v. U.S., No. 14-361 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1423) (May 2, 2016) (Judge Samuel A. Jr. Alito)

Article • May 29, 2017 • from P&J May, 2016

Filed under: Punch And Jurists, Federal/State Jurisdictional Issues

Ocasio v. U.S., No. 14-361 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1423) (May 2, 2016) (Judge Samuel A. Jr. Alito) by To understand this decision, one needs to know why and how the Federal criminal extortion statute, 18 U.S.C. § 1951 (which is commonly known as the Hobbs …

U.S. v. Kirkland, No. 16-40255 (5th Cir.) (851 F.3d 499) (March 17, 2017) (Judge James L. Dennis)

Article • May 29, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Failure to Recommend the Sentence Promised

U.S. v. Kirkland, No. 16-40255 (5th Cir.) (851 F.3d 499) (March 17, 2017) (Judge James L. Dennis) by In September 2015, an undercover detective, posing as the mother of fictitious 11- and 14-year-old daughters, placed an advertisement on Craigslist soliciting sexual partners for the fictitious girls. The defendant in this …

U.S. v. Rivera-Ruperto, No. 12-2364 (1st Cir.) (852 F.3d 1) (January 13, 2017) (Judge O. Rogeriee Thompson)

Article • May 29, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Cruel and Unusual Punishment

U.S. v. Rivera-Ruperto, No. 12-2364 (1st Cir.) (852 F.3d 1) (January 13, 2017) (Judge O. Rogeriee Thompson) by This decision is noted for Judge Juan Torruella’s delicious and heart-warming dissent in which he railed against the rank idiocy of a combined sentence of 161 plus years given to a man …

Welch v. U.S., No. 15-6418 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1257) (April 18, 2016) (Justice Kennedy)

Article • May 29, 2017 • from P&J April, 2016

Filed under: Punch And Jurists

Welch v. U.S., No. 15-6418 (U.S. Supreme Court) (578 U.S. ___; 136 S.Ct. 1257) (April 18, 2016) (Justice Kennedy) by In 2015, the Supreme Court struck down, as unconstitutionally vague, the so-called “residual clause” of the Armed Career Criminal Act of 1984 (“ACCA”) (18 U.S.C. § 924(e)(1)), saying that its …

U.S. v. Lively, No. 15-1671 (6th Cir.) (852 F.3d 549) (March 27, 2017) (Judge Karen Nelson Moore)

Article • May 29, 2017 • from P&J May, 2017

Filed under: Punch And Jurists

U.S. v. Lively, No. 15-1671 (6th Cir.) (852 F.3d 549) (March 27, 2017) (Judge Karen Nelson Moore) by In the context of the maze of Federal criminal laws (including the Sentencing Guidelines) relating to child pornography, an effort has been made to punish more severely one who has been convicted …

U.S. v. Sullivan, No. 16-3163 (8th Cir.) (853 F.3d 475) (April 5, 2017) (Per Curiam)

Article • May 29, 2017 • from P&J May, 2017

Filed under: Punch And Jurists

U.S. v. Sullivan, No. 16-3163 (8th Cir.) (853 F.3d 475) (April 5, 2017) (Per Curiam) by In this decision, the Eighth Circuit issued a surprisingly stern rebuke to an un-named district judge from the D.S.Dak. for abusing his or her discretion by sua sponte departing upward from a criminal category …

County of Los Angeles v. Mendez, No. 16-369 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1539) (May 30, 2017) (Justice Alito)

Article • May 29, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

County of Los Angeles v. Mendez, No. 16-369 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1539) (May 30, 2017) (Justice Alito) by In this decision the Supreme Court vacated a $4 million judgment against two deputies of the Los Angeles County Sheriff’s Department that was awarded to the Plaintiffs/Respondents …

Esquivel-Quintana v. Sessions, No. 16-54 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1562) (May 30, 2017) (Justice Thomas)

Article • May 29, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Sexual Abuse of a Minor

Esquivel-Quintana v. Sessions, No. 16-54 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1562) (May 30, 2017) (Justice Thomas) by Juan Esquivel-Quintana was admitted to the United States as a lawful permanent resident in 2000. In 2009, he pleaded no contest in the Superior Court of California to a statutory …

U.S. v. Lambus, No. 15-CR-382 (E.D.N.Y.) (251 F.Supp.3d 470) (May 4, 2017) (Judge Jack B. Weinstein)

Article • May 15, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, GPS Tracking Device

U.S. v. Lambus, No. 15-CR-382 (E.D.N.Y.) (251 F.Supp.3d 470) (May 4, 2017) (Judge Jack B. Weinstein) by This is an interesting decision of first impression that examines whether Federal law enforcement authorities stand in the same shoes as state authorities when relying on evidence derived solely as a product of …

U.S. v. Billups, No. 15-41470 (5th Cir.) (850 F.3d 762) (March 8, 2017) (Judge W. Eugene Davis)

Article • May 15, 2017 • from P&J May, 2017

Filed under: Punch And Jurists

U.S. v. Billups, No. 15-41470 (5th Cir.) (850 F.3d 762) (March 8, 2017) (Judge W. Eugene Davis) by This decision os noted for its discussion of the so-called “pseudocount enhancement” contained in U.S.S.G. § 2G1.3(d)(1) of the Guidelines. The somewhat obtuse language of that provision calls for a two-level sentence …

U.S. v. Velazquez, No. 14-10311 (9th Cir.) (855 F.3d 1021) (May 1, 2017) (Judge Michelle T. Friedland)

Article • May 15, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Constructive Denial of Counsel

U.S. v. Velazquez, No. 14-10311 (9th Cir.) (855 F.3d 1021) (May 1, 2017) (Judge Michelle T. Friedland) by If any reader wants to understand some the many evils of a typical, Federal drug conspiracy prosecution, then this decision by Judge Friedland is a good decision to read. It shows how …

U.S. v. Bustamante-Conchas, No. 15-2025 (10th Cir.) (850 F.3d 1130) (March 3, 2017) (Judge Carlos Lucero)

Article • May 15, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Plain Error

U.S. v. Bustamante-Conchas, No. 15-2025 (10th Cir.) (850 F.3d 1130) (March 3, 2017) (Judge Carlos Lucero) by The Defendant in this case, Miguel Bustamante-Conchas, was indicted on two drug distribution charges and a charge of possession of a firearm during and in relation to a drug-trafficking crime. He was convicted …

U.S. v. Lindsey, No. 14-10004 (9th Cir.) (850 F.3d 1009) (February 27, 2017) (Judge Ronald M. Gould)

Article • May 15, 2017 • from P&J May, 2017

Filed under: Punch And Jurists, Lender Negligence

U.S. v. Lindsey, No. 14-10004 (9th Cir.) (850 F.3d 1009) (February 27, 2017) (Judge Ronald M. Gould) by In this mortgage fraud case, the Court held that that lender negligence is not admissible as a defense in a case of criminal mortgage fraud and the defendant was not thereby denied …