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U.S. v. Volungus, No. 09-1596 (1st Cir.) (595 F.3d 1) (January 8, 2010) (Judge Bruce M. Selya)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Volungus, No. 09-1596 (1st Cir.) (595 F.3d 1) (January 8, 2010) (Judge Bruce M. Selya) by Here the Court upheld 18 U.S.C. § 4248 which permits the civil commitment of "sexually dangerous persons" after release from prison as within the legitimate scope of congressional power conferred by the …

U.S. v. Watson, No. 08-10385 (9th Cir.) (582 F.3d 974) (September 23, 2009) (Judge Richard R. Clifton)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Geographical Limitations

U.S. v. Watson, No. 08-10385 (9th Cir.) (582 F.3d 974) (September 23, 2009) (Judge Richard R. Clifton) by The Court upheld as reasonably related to the goals of rehabilitation and deterrence and as no broader than legitimately necessary to serve those purposes a special condiction of supervised release that barred …

Farrakhan v. Gregoire, No. 06-35669 (9th Cir.) (590 F.3d 989) (January 5, 2010) (Judge A. Wallace Tashima)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Voting Rights Act, Punch And Jurists

Farrakhan v. Gregoire, No. 06-35669 (9th Cir.) (590 F.3d 989) (January 5, 2010) (Judge A. Wallace Tashima) by In an important prison disenfranchisement decision, a divided panel from the Ninth Circuit has held that vote denial claims challenging felon disenfranchisement laws are cognizable under § 2 of the Voting Rights …

U.S. v. Labbe, No. 08-0673-cr (2nd Cir.) (588 F.3d 139) (December 4, 2009) (Judge Jon O. Newman)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Labbe, No. 08-0673-cr (2nd Cir.) (588 F.3d 139) (December 4, 2009) (Judge Jon O. Newman) by Defendant's sentence for interstate transportation of stolen property is vacated where the district court failed to make findings in support of its denial of a minimal role adjustment. [Editor's Note: For a …

Al-Bihani v. Obama, No. 09-5051 (D.C. Cir.) (590 F.3d 866) (January 5, 2010) (Judge Janice Rogers Brown)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists

Al-Bihani v. Obama, No. 09-5051 (D.C. Cir.) (590 F.3d 866) (January 5, 2010) (Judge Janice Rogers Brown) by Ghaleb Nassar Al-Bihani is another of the many detainees being held at Guantanamo Bay who has challenged his detention. A Yemeni citizen, Al-Bihani has been held at Guantanamo since 2002. Following the …

ACORN v. U.S., No. 09-cv-4888 (NG) (E.D.N.Y.) (662 F.Supp.2d 285) (December 11, 2009) (Judge Nina Gershon)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Bill of Attainder

ACORN v. U.S., No. 09-cv-4888 (NG) (E.D.N.Y.) (662 F.Supp.2d 285) (December 11, 2009) (Judge Nina Gershon) by During the last Presidential election, it sometimes seemed as if politicians had adopted a dramatic new and universal campaign tactic. Instead of equating themselves at every opportunity with the past standbys of apple …

Smith v. Spisak, No. 08-724 (U.S. Supreme Court) (558 U.S. 139; 130 S.Ct. 676) (January 12, 2010) (Justice Breyer)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Smith v. Spisak, No. 08-724 (U.S. Supreme Court) (558 U.S. 139; 130 S.Ct. 676) (January 12, 2010) (Justice Breyer) by Here a unanimous court vacated a writ of habeas corpus granted by the Sixth Circuit to an Ohio death row inmate, after concluding that the Circuit court failed to give …

U.S. v. Dyer, No. 08-1343 (1st Cir.) (589 F.3d 520) (December 28, 2009) (Judge Sandra L. Lynch)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Punch And Jurists

U.S. v. Dyer, No. 08-1343 (1st Cir.) (589 F.3d 520) (December 28, 2009) (Judge Sandra L. Lynch) by Here a divided panel engaged in a lengthy debate over whether the application of a special sentencing enhancement for “trafficking” in child pornography under former USSG § 2G2.4(c)(2) required general or specific …

Garrity v. U.S., No. 13 (U.S. Supreme Court) (385 U.S. 493; 87 S.Ct. 616) (January 16, 2067) (Justice Douglas)

Article • January 3, 2010

Filed under: Punch And Jurists

Garrity v. U.S., No. 13 (U.S. Supreme Court) (385 U.S. 493; 87 S.Ct. 616) (January 16, 2067) (Justice Douglas) by Here the Court held held that the Fifth Amendment privilege against self-incrimination bars the government from using statements compelled under a threat of job loss in a subsequent criminal prosecution …

U.S. v. Slough, No. Crim. No. 08-0360 (RMU) (D.D.C.) (677 F.Supp.2d 112) (December 31, 2009) (Judge Ricardo M. Urbina)

Article • December 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists, Use of Immunized Testimony

U.S. v. Slough, No. Crim. No. 08-0360 (RMU) (D.D.C.) (677 F.Supp.2d 112) (December 31, 2009) (Judge Ricardo M. Urbina) by Here the Court dismissed all charges against five Blackwater guards who had been charged with manslaughter and other crimes arising out of the massacre of 17 civilians in Iraq due …

Nordyke v. King, No. 07-15763 (9th Cir.) (563 F.3d 439) (April 20, 2009) (Judge Diarmuid F. O'Scannlain)

Article • December 1, 2009

Filed under: Punch And Jurists

Nordyke v. King, No. 07-15763 (9th Cir.) (563 F.3d 439) (April 20, 2009) (Judge Diarmuid F. O'Scannlain) by Appellant promoters of gun shows sued appellee county alleging that a county ordinance, which prohibited possession of firearms on county property, violated the promoters' constitutional rights to freedom of speech and equal …

In Re: NSA Telecom. Records Litigation, No. MDL No. 06-1791 VRW (N.D.Cal.) (633 F.Supp.2d 949) (June 3, 2009) (Judge Vaughn R. Walker)

Article • December 1, 2009

Filed under: Punch And Jurists, Constitutional Challenges/Claims

In Re: NSA Telecom. Records Litigation, No. MDL No. 06-1791 VRW (N.D.Cal.) (633 F.Supp.2d 949) (June 3, 2009) (Judge Vaughn R. Walker) by

U.S. v. Aguilar, No. 08-4640-cr (2nd Cir.) (585 F.3d 652) (November 5, 2009) (Judge Reena Raggi)

Article • December 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists, Murder/Felony Murder

U.S. v. Aguilar, No. 08-4640-cr (2nd Cir.) (585 F.3d 652) (November 5, 2009) (Judge Reena Raggi) by Defendant's drug-related murder conviction is affirmed where there was sufficient evidence demonstrating that defendant induced his drug associates to participate in the victim's murder through promises to forgive drug-related debts and to engage …

U.S. v. Bunkley, No. 4:08-CR-08-002 (CDL) (M.D.Ga.) (2009 WL 5031373) (December 14, 2009) (Judge Clay D. Land)

Article • December 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists, Sweetheart Plea Deals

U.S. v. Bunkley, No. 4:08-CR-08-002 (CDL) (M.D.Ga.) (2009 WL 5031373) (December 14, 2009) (Judge Clay D. Land) by Here the court issued a devastating indictment of the U.S. Attorney’s Office in Georgia for making "sweetheart plea deals" with drug dealers on order to further its "relentless pursuit" of a prominent …

U.S. v. Garcia, No. 08-1621-cr (2nd Cir.) (587 F.3d 509) (December 1, 2009) (Judge Gerard E. Lynch)

Article • December 1, 2009

Filed under: Punch And Jurists

U.S. v. Garcia, No. 08-1621-cr (2nd Cir.) (587 F.3d 509) (December 1, 2009) (Judge Gerard E. Lynch) by Defendant's money laundering conspiracy guilty plea is vacated and remanded where the record lacked a sufficient factual basis to conclude that defendant participated in the alleged conspiracy with the requisite knowledge of …

U.S. v. Lemus, No. 08-50403 (9th Cir.) (582 F.3d 958) (September 22, 2009) (Judge Jay S. Bybee)

Article • December 1, 2009

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Lemus, No. 08-50403 (9th Cir.) (582 F.3d 958) (September 22, 2009) (Judge Jay S. Bybee) by Defendant was charged with being a felon knowingly in possession of a firearm in violation of 18 U.S.C.S. §§ 922(g)(1) and 924(a)(2). The United States District Court for the Southern District of …

Humanitarian Law Project v. Mukasey, No. 05-56753 (9th Cir.) (552 F.3d 916) (January 5, 2009) (Judge Harry Pregerson)

Article • December 1, 2009

Filed under: Punch And Jurists, Material Support Ban

Humanitarian Law Project v. Mukasey, No. 05-56753 (9th Cir.) (552 F.3d 916) (January 5, 2009) (Judge Harry Pregerson) by

In Re NSA Telecommunications Records Litigation, No. MDL Docket No. 06-1791 VRW (N.D.Cal.) (633 F.Supp.2d 949) (June 3, 2009) (Judge Vaughn R. Walker)

Article • December 1, 2009

Filed under: Punch And Jurists, States Secrets Privilege

In Re NSA Telecommunications Records Litigation, No. MDL Docket No. 06-1791 VRW (N.D.Cal.) (633 F.Supp.2d 949) (June 3, 2009) (Judge Vaughn R. Walker) by In this multidistrict litigation (MDL) brought by individuals against telecommunications companies for allegedly unconstitutional acts of wiretapping committed in concert with governmental entities, the Government intervened …

South Cherry Street, LLC v. Hennessee Group, LLC, No. 07-3658-cv (2nd Cir.) (573 F.3d 98) (July 14, 2009) (Judge Amalya Lyle Kearse)

Article • December 1, 2009

Filed under: Punch And Jurists, Breach of Contract

South Cherry Street, LLC v. Hennessee Group, LLC, No. 07-3658-cv (2nd Cir.) (573 F.3d 98) (July 14, 2009) (Judge Amalya Lyle Kearse) by In a action for breach of contract and securities fraud, district court's grant of plaintiff's motion to dismiss is affirmed where: 1) the court properly ruled that …

Bryan v. McPherson, No. 08-55622 (9th Cir.) (590 F.3d 767) (December 28, 2009) (Judge Kim McLane Wardlaw)

Article • December 1, 2009 • from P&J December, 2009

Filed under: Excessive Force, Punch And Jurists

Bryan v. McPherson, No. 08-55622 (9th Cir.) (590 F.3d 767) (December 28, 2009) (Judge Kim McLane Wardlaw) by This decision represents one of the most comprehensive analyses that we have seen to date of the standards that should apply to the growing indiscriminate and reckless uses of Taser guns by …