Search | Punch and Jurists

U.S. v. Anderson, No. 09-1958 (7th Cir.) (583 F.3d 504) (October 9, 2009) (Judge Diane P. Wood)

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

Filed under: Limitations, Punch And Jurists

U.S. v. Anderson, No. 09-1958 (7th Cir.) (583 F.3d 504) (October 9, 2009) (Judge Diane P. Wood) by U.S. v. Head, 552 F.3d 640 (7th Cir. Jan. 15, 2009) (Judge Williams) U.S. v. Anderson, 583 F.3d 504 (7th Cir. Oct. 9, 2009) (Judge Wood) It is not often that one …

U.S. v. Simpson, No. 08-5293 (6th Cir.) (346 Fed. Appx. 10) (September 16, 2009) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Differences

U.S. v. Simpson, No. 08-5293 (6th Cir.) (346 Fed. Appx. 10) (September 16, 2009) (Judge R. Guy Jr. Cole) by One of the unexplained curiosities of the American legal system has long been the distinction between published and unpublished decisions. Even though the vast majority of decisions issued by the …

U.S. v. Head, No. 97-3619 (7th Cir.) (552 F.3d 649) (January 15, 2009) (Judge Ann Claire Williams)

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

Filed under: Limitations, Punch And Jurists

U.S. v. Head, No. 97-3619 (7th Cir.) (552 F.3d 649) (January 15, 2009) (Judge Ann Claire Williams) by U.S. v. Head, 552 F.3d 640 (7th Cir. Jan. 15, 2009) (Judge Williams) U.S. v. Anderson, 583 F.3d 504 (7th Cir. Oct. 9, 2009) (Judge Wood) It is not often that one …

Al Rabiah v. U.S., No. 02-828 (CKK) (D.D.C.) (658 F.Supp.2d 11) (September 17, 2009) (Judge Coleen Kollar-Kotelly)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

Al Rabiah v. U.S., No. 02-828 (CKK) (D.D.C.) (658 F.Supp.2d 11) (September 17, 2009) (Judge Coleen Kollar-Kotelly) by Here, finding that the Government’s evidence in support of Al Rabiah’s indefinite detention was “surprisingly bare” and that his alleged confessions of terrorism “defy belief,” the Court granted his petition for a …

U.S. v. Parks, No. 07-3944 (6th Cir.) (583 F.3d 923) (October 16, 2009) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Parks, No. 07-3944 (6th Cir.) (583 F.3d 923) (October 16, 2009) (Judge Gilbert S. Merritt) by As this case shows, the patchwork of American criminal laws have become a Byzantine maze of unparalleled proportions that sometimes defies comprehension. In this case, the Sixth Circuit addressed a complicated and …

U.S. v. Taliaferro, No. 08-CR-7-1-SH (D.N.H.) (2009 U.S. Dist. LEXIS 89805) (September 1, 2009) (Judge Steven J. McAuliffe)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Taliaferro, No. 08-CR-7-1-SH (D.N.H.) (2009 U.S. Dist. LEXIS 89805) (September 1, 2009) (Judge Steven J. McAuliffe) by This case is noted for Judge McAuliffe's caustic criticism of the Government’s abuse of its power to make charging decisions in an effort to control the sentencing process, calling it "inconsistent …

Presbyterian Church of Sudan v. Talisman Energy, Inc., No. 07-0016-cv (2nd Cir.) (582 F.3d 244) (October 2, 2009) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Purposeful Facilitation

Presbyterian Church of Sudan v. Talisman Energy, Inc., No. 07-0016-cv (2nd Cir.) (582 F.3d 244) (October 2, 2009) (Judge Dennis G. Jacobs) by The Alien Tort Statute (which the courts sometimes refer to as the “Alien Tort Claims Act” or the “Alien Tort Act” and which is herein referred to …

U.S. v. Paul, No. 08-30125 (9th Cir.) (583 F.3d 1136) (September 30, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Within-Guidelines Sentence

U.S. v. Paul, No. 08-30125 (9th Cir.) (583 F.3d 1136) (September 30, 2009) (Per Curiam) by Here the Court declined to reconsider en banc an earlier decision which held that a within-Guidelines sentence was substantively unreasonable - over the dissent of five judges who were concerned about the precedential impact …

U.S. v. Hernandez-Arenado, No. 08-cv-278-JPG (N.D.Ill.) (624 F.Supp.2d 985) (June 9, 2008) (Judge J. Phil Gilbert)

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

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Hernandez-Arenado, No. 08-cv-278-JPG (N.D.Ill.) (624 F.Supp.2d 985) (June 9, 2008) (Judge J. Phil Gilbert) by Here the Court held that a prisoner who has been detained by the INS but who was in BOP custody was not eligible for civil commitment as a “sexually dangerous person” under 18 …

Malik v. District of Columbia, No. 08-7046 (D.C. Cir.) (574 F.3d 781) (August 4, 2009) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Prison Transportation

Malik v. District of Columbia, No. 08-7046 (D.C. Cir.) (574 F.3d 781) (August 4, 2009) (Judge Merrick B. Garland) by In this case, the petitioner, Ismail Malik, brought a § 1983 lawsuit for damages against the District of Columbia, the Corrections Corporation of America (CCA), and TransCor America, charging that …

Hernandez-Carrera v. Carlson, No. 08-3097 (10th Cir.) (547 F.3d 1237) (November 12, 2008) (Judge Michael W. McConnell)

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

Filed under: Punch And Jurists, Detention - Generally

Hernandez-Carrera v. Carlson, No. 08-3097 (10th Cir.) (547 F.3d 1237) (November 12, 2008) (Judge Michael W. McConnell) by Petitioners, aliens who were found to pose a special danger to the public under 8 C.F.R. § 241.14(f) and detained pursuant to 8 U.S.C.S. § 1231(a)(6), challenged their continued detention and were …

Gjurovich v. U.S., No. 5:01-CR-215 (N.D.N.Y.) (2009 WL 3232139) (October 1, 2009) (Judge Norman A. Mordue)

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

Filed under: Punch And Jurists, Reliability of Evidence

Gjurovich v. U.S., No. 5:01-CR-215 (N.D.N.Y.) (2009 WL 3232139) (October 1, 2009) (Judge Norman A. Mordue) by In this case, Judge Mordue held that sex offenders can be required to submit to computerized voice stress analysis (“CVSA”) as part of their post-release supervision to determine if they are telling the …

U.S. v. Pizzonia, No. 07-4314-cr (2nd Cir.) (577 F.3d 455) (August 19, 2009) (Judge Reena Raggi)

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

Filed under: Punch And Jurists

U.S. v. Pizzonia, No. 07-4314-cr (2nd Cir.) (577 F.3d 455) (August 19, 2009) (Judge Reena Raggi) by Defendant's Racketeer Influenced and Corrupt Organizations Act conviction is affirmed where, even though the predicate acts proved by the government were outside the statute of limitations, other trial evidence permitted the jury to …

U.S. v. Gamez, No. 07-3660-cr(L) (2nd Cir.) (577 F.3d 394) (August 20, 2009) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Gamez, No. 07-3660-cr(L) (2nd Cir.) (577 F.3d 394) (August 20, 2009) (Per Curiam) by Defendant's sentence for illegally reentering the U.S. following removal is vacated where criminal possession of a weapon in the second degree, in violation of N.Y. Penal Law § 265.03, is not a crime of …

U.S. v. Battista, No. 08-3750-cr (2nd Cir.) (575 F.3d 226) (August 6, 2009) (Judge Richard C. Wesley)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Battista, No. 08-3750-cr (2nd Cir.) (575 F.3d 226) (August 6, 2009) (Judge Richard C. Wesley) by In a case arising from the NBA gambling scandal involving former referee Tim Donaghy, judgment ordering defendant to pay restitution to the NBA under the Victim and Witness Protection Act is affirmed …

U.S. v. Parker, No. 08-4199-cr (2nd Cir.) (577 F.3d 143) (August 14, 2009) (Judge Reena Raggi)

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

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Parker, No. 08-4199-cr (2nd Cir.) (577 F.3d 143) (August 14, 2009) (Judge Reena Raggi) by Sentence for drug crimes is affirmed where: 1) the district court did not err in imposing consecutive prison terms under 18 U.S.C. § 924(c)(1)(A)(i) as the Whitley/Williams rule has no bearing on this …

U.S. v. Moran, No. 08-16987 (11th Cir.) (573 F.3d 1132) (July 1, 2009) (Judge William H. Jr. Pryor)

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

Filed under: Punch And Jurists

U.S. v. Moran, No. 08-16987 (11th Cir.) (573 F.3d 1132) (July 1, 2009) (Judge William H. Jr. Pryor) by In Irizarry v. U.S., 128 S. Ct. 2198 (2008) a sharply divided Supreme Court held, by a 5-4 vote, that Rule 32(h) of the Fed.R.Crim.P. does not require advance notice to …

U.S. v. Dhafir, No. 05-5965-cr (2nd Cir.) (577 F.3d 411) (August 18, 2009) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Departures/Variances

U.S. v. Dhafir, No. 05-5965-cr (2nd Cir.) (577 F.3d 411) (August 18, 2009) (Judge Barrington D. Jr. Parker) by [Editor's Note: For some commentaries on this decision, see: • "Second Circuit panel advocates 'more flexible approach' to tough guideline determinations," by Prof. Doug Berman, as posted on Sentencing Law and …

U.S. v. Pearson, No. 07-0142-cr (2nd Cir.) (570 F.3d 480) (July 2, 2009) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Pearson, No. 07-0142-cr (2nd Cir.) (570 F.3d 480) (July 2, 2009) (Per Curiam) by Sentence for for producing, transporting, receiving, and possessing child pornography is vacated and remanded further sentencing proceedings where a restitution order pursuant to 18 U.S.C. § 2259 may include an amount for estimated future …

U.S. v. Cirilo-Munoz, No. 08-1830 (1st Cir.) (582 F.3d 54) (September 4, 2009) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Cirilo-Munoz, No. 08-1830 (1st Cir.) (582 F.3d 54) (September 4, 2009) (Per Curiam) by In 1995, Ernesto Cirilo-Munoz ("Cirilo") was convicted of aiding and abetting, during the commission of a drug crime, the murder of an on-duty policeman. His conviction and sentencing have been the subject of numerous …