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U.S. v. Skoien, No. 08-3770 (7th Cir.) (587 F.3d 803) (November 18, 2009) (Judge Diane S. Sykes)

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

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Skoien, No. 08-3770 (7th Cir.) (587 F.3d 803) (November 18, 2009) (Judge Diane S. Sykes) by Here the Court upheld a Second Amendment challenge to a conviction for possession of a gun by a domestic violence misdemeanant under 18 U.S.C. § 922(g)(9) on the grounds that the Government …

U.S. v. Rigas, No. 08-3485-cr (L) (2nd Cir.) (583 F.3d 108) (October 5, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Resentencing

U.S. v. Rigas, No. 08-3485-cr (L) (2nd Cir.) (583 F.3d 108) (October 5, 2009) (Judge Jose A. Cabranes) by Defendants' securities fraud sentences are affirmed where: 1) the district court was required to resentence defendants de novo following the reversal of a portion of defendants' convictions by another panel of …

U.S. v. Fumo, No. Crim. No. 06-319 (E.D.Pa.) (639 F.Supp.2d 544) (July 9, 2009) (Judge Ronald L. Buckwalter)

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

Filed under: Punch And Jurists, E-Discovery

U.S. v. Fumo, No. Crim. No. 06-319 (E.D.Pa.) (639 F.Supp.2d 544) (July 9, 2009) (Judge Ronald L. Buckwalter) by Defense attorneys Jerold S. Solovy and Robert L. Byman of Chicago, IL recently published an interesting article in the Nov. 30, 2009 issue of the National Law Journal, entitled “Confronting the …

U.S. v. Kilbride, No. 07-10528 (9th Cir.) (584 F.3d 1240) (October 28, 2009) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists

U.S. v. Kilbride, No. 07-10528 (9th Cir.) (584 F.3d 1240) (October 28, 2009) (Judge Betty Binns Fletcher) by In a prosecution arising from defendants' conduct relating to their business of sending unsolicited email, or spam, advertising adult websites, defendants' electronic mail fraud convictions and sentences are affirmed where: 1) no …

U.S. v. Thrower, No. 08-2016-cr (2nd Cir.) (584 F.3d 70) (October 14, 2009) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Thrower, No. 08-2016-cr (2nd Cir.) (584 F.3d 70) (October 14, 2009) (Per Curiam) by In this case, the Court resolved an open question by holding that larceny from the person under N.Y. Penal Law § 155.30 (McKinney Supp. 2009) constitutes a “crime of violence” for the Armed Career …

U.S. v. Shim, No. 08-1834-cr (2nd Cir.) (584 F.3d 394) (October 1, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Knowingly

U.S. v. Shim, No. 08-1834-cr (2nd Cir.) (584 F.3d 394) (October 1, 2009) (Per Curiam) by Defendant's conviction for conspiring to transport women in interstate and foreign commerce for the purpose of prostitution in violation of 18 U.S.C. § 2421 (one of the provisions of the Mann Act) is reversed …

Sengkeo v. Horgan, No. Civ. No. 09cv11032-NG (D.Mass.) (670 F.Supp.2d 116) (November 24, 2009) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Limitations on Period of Detention

Sengkeo v. Horgan, No. Civ. No. 09cv11032-NG (D.Mass.) (670 F.Supp.2d 116) (November 24, 2009) (Judge Nancy Gertner) by This case explores the subtle, but important, distinctions between two Supreme Court that define the limitations on the government's power to detain removable aliens: Zadvydas v. Davis, 533 U.S. 678 (2001), and …

Mohawk Industries, Inc. v. Carpenter, No. 08-678 (U.S. Supreme Court) (558 U.S. 100; 130 S.Ct. 599) (December 8, 2009) (Justice Sotomayor)

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

Filed under: Punch And Jurists, Attorney/Client Privilege

Mohawk Industries, Inc. v. Carpenter, No. 08-678 (U.S. Supreme Court) (558 U.S. 100; 130 S.Ct. 599) (December 8, 2009) (Justice Sotomayor) by Although this is not a criminal case, the Supreme Court’s ruling does resolve an issue involving interlocutory appeals of the attorney-client privilege that has divided the Circuits. Disputes …

Beard v. Kindler, No. 08-992 (U.S. Supreme Court) (558 U.S. 53; 130 S.Ct. 612) (December 8, 2009) (Justice (John G.) Roberts)

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

Filed under: Punch And Jurists

Beard v. Kindler, No. 08-992 (U.S. Supreme Court) (558 U.S. 53; 130 S.Ct. 612) (December 8, 2009) (Justice (John G.) Roberts) by In the instant case, the Supreme Court rejected an attempt by an escape artist to use a technical loophole in Pennsylvania’s fugitive forfeiture law as the means of …

Clark v. Martinez, No. 03-878 (U.S. Supreme Court) (543 U.S. 371; 125 S.Ct. 716) (January 12, 2005) (Justice Scalia)

Article • October 6, 2009 • from P&J December, 2004

Filed under: Punch And Jurists, Detention - Generally

Clark v. Martinez, No. 03-878 (U.S. Supreme Court) (543 U.S. 371; 125 S.Ct. 716) (January 12, 2005) (Justice Scalia) by In this case, the Supreme Court considered the cases of Sergio Suarez Martinez and Daniel Benitez. Martinez and Benitez came to the United States from Cuba in 1980 as part …

U.S. v. $186,416 in U.S. Currency, No. 07-56549 (9th Cir.) (583 F.3d 1220) (October 20, 2009) (Judge Richard R. Clifton)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. $186,416 in U.S. Currency, No. 07-56549 (9th Cir.) (583 F.3d 1220) (October 20, 2009) (Judge Richard R. Clifton) by On March 15, 2005, the Los Angeles Police Department (“LAPD”) obtained a search warrant from a California State court to search the premises operated by United Medical Caregivers Clinic …

U.S. v. Berk, No. 08-CR-212-P-S (D.Me.) (666 F.Supp.2d 182) (October 26, 2009) (Judge George Z. Singal)

Article • October 1, 2009 • from P&J February, 2010

Filed under: Punch And Jurists

U.S. v. Berk, No. 08-CR-212-P-S (D.Me.) (666 F.Supp.2d 182) (October 26, 2009) (Judge George Z. Singal) by This is an important and informative decision in which Judge Singal explored at length the issue of whether (and under what circumstances) restitution to the victims of child pornography under 18 U.S.C. § …

U.S. v. Concepcion, No. 08-3785-cr (2nd Cir.) (579 F.3d 214) (August 31, 2009) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Minimally Adequate Test

U.S. v. Concepcion, No. 08-3785-cr (2nd Cir.) (579 F.3d 214) (August 31, 2009) (Judge Joseph M. McLaughlin) by In a drug and firearm prosecution, the District Court's order suppressing evidence obtained through a wiretap is reversed, where the government’s affidavit in support of its application for the wiretap set forth …

U.S. v. Ray, No. 08-2795-cr (2nd Cir.) (578 F.3d 184) (August 27, 2009) (Judge Jose A. Cabranes)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Ray, No. 08-2795-cr (2nd Cir.) (578 F.3d 184) (August 27, 2009) (Judge Jose A. Cabranes) by In an appeal from an order sentencing defendant, after a fifteen-year delay, to a one-day term of imprisonment and three years of supervised release with a special condition that she serve six …

U.S. v. Polizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (262 F.R.D. 169) (September 29, 2009) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Polizzi, No. 06-CR-22 (JBW) (E.D.N.Y.) (262 F.R.D. 169) (September 29, 2009) (Judge Jack B. Weinstein) by In a 288-page opus entitled U.S. v. Polizzi, 549 F.Supp.2d 308 (E.D.N.Y. April 1, 2008) (P&J, 03/03/09) (“Polizzi I”), District Judge Jack Weinstein of the E.D.N.Y. initiated another of his frequent and …

U.S. v. Freeman, No. 08-1886-cr (2nd Cir.) (578 F.3d 142) (August 10, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists

U.S. v. Freeman, No. 08-1886-cr (2nd Cir.) (578 F.3d 142) (August 10, 2009) (Judge Jose A. Cabranes) by Sentence for receipt of child pornography is affirmed where the district court did not err in imposing a four-level enhancement for the possession of images containing sadistic or masochistic conduct, as the …

Spinelli v. City of New York, No. 07-1237-cv (2nd Cir.) (579 F.3d 160) (August 7, 2009) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Searches - Administrative

Spinelli v. City of New York, No. 07-1237-cv (2nd Cir.) (579 F.3d 160) (August 7, 2009) (Judge John M. Jr. Walker) by In an action arising from defendants' confiscation of plaintiff's firearms inventory and suspension of her dealer's license, dismissal of plaintiffs' due process, Fourth Amendment, and tortious interference with …

U.S. v. Hassan, No. 05-6949-cr (2nd Cir.) (578 F.3d 108) (August 21, 2009) (Judge Rosemary S. Pooler)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Hassan, No. 05-6949-cr (2nd Cir.) (578 F.3d 108) (August 21, 2009) (Judge Rosemary S. Pooler) by Defendant's money laundering convictions are reversed where, although the government had abundant evidence of defendant's khat-related activities, the circumstantial evidence that the government presented did not support an inference that his proceeds …

U.S. v. Shelby, No. 08-2729 (7th Cir.) (584 F.3d 743) (October 19, 2009) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Shelby, No. 08-2729 (7th Cir.) (584 F.3d 743) (October 19, 2009) (Judge Richard A. Posner) by In addition to sentence reductions for substantial assistance based on U.S.S.G. § 5K1.1, Rule 35(b)of the Fed.R.Crim.P. addresses two other types of Government motions to reduce a defendant’s sentence based upon substantial …

Humanitarian Law Project v. U.S. Treasury Dept., No. 07-55893 (9th Cir.) (578 F.3d 1133) (August 24, 2009) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Material Support Ban

Humanitarian Law Project v. U.S. Treasury Dept., No. 07-55893 (9th Cir.) (578 F.3d 1133) (August 24, 2009) (Judge Pamela Ann Rymer) by On Sept. 23, 2001, President Bush signed an Executive Order (“EO 13224"), in which he designated 27 groups and individuals, including the Humanitarian Law Project (“HLP”), as “specially …