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U.S. v. Fitzgerald, No. 06-CR-0151-L (S.D.Cal.) (615 F.Supp.2d 1156) (February 26, 2009) (Judge M. James Lorenz)

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

Filed under: Punch And Jurists

U.S. v. Fitzgerald, No. 06-CR-0151-L (S.D.Cal.) (615 F.Supp.2d 1156) (February 26, 2009) (Judge M. James Lorenz) by Defendant was charged in a two count indictment alleging violations of 26 U.S.C.S. § 7206(2) (Aiding and Assisting in the Filing of a False Income Tax Return). The indictment arose from his work …

SEC v. Dorozhko, No. 08-0201-cv (2nd Cir.) (574 F.3d 42) (July 22, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists

SEC v. Dorozhko, No. 08-0201-cv (2nd Cir.) (574 F.3d 42) (July 22, 2009) (Judge Jose A. Cabranes) by In a civil enforcement lawsuit involving computer hacking brought under the Securities Exchange Act, district court judgment denying plaintiff's motion for a preliminary injunction is vacated where nothing in the Supreme Court's …

Limone v. U.S., No. 08-1327 (1st Cir.) (579 F.3d 79) (August 27, 2009) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Emotional Distress

Limone v. U.S., No. 08-1327 (1st Cir.) (579 F.3d 79) (August 27, 2009) (Judge Bruce M. Selya) by In 2007, Judge Nancy Gertner issued a scathing 235-page ruling in which she ordered the FBI to pay a record $101.7 million in damages under the Federal Tort Claims Act (FTCA) to …

Saleh v. Titan Corp., No. 08-7008 (D.C. Cir.) (580 F.3d 1) (September 11, 2009) (Judge Laurence H. Silberman)

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

Filed under: Punch And Jurists, Military Contractors Immunity

Saleh v. Titan Corp., No. 08-7008 (D.C. Cir.) (580 F.3d 1) (September 11, 2009) (Judge Laurence H. Silberman) by In a ruling that is long on judicial activism and short on supporting facts and logic, a divided panel from the D.C. Circuit has thrown out a class action lawsuit by …

U.S. v. Juvenile Male, No. 07-30290 (9th Cir.) (581 F.3d 977) (September 10, 2009) (Judge Stephen Reinhardt)

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

Filed under: Juveniles, Punch And Jurists

U.S. v. Juvenile Male, No. 07-30290 (9th Cir.) (581 F.3d 977) (September 10, 2009) (Judge Stephen Reinhardt) by In a lengthy opinion written by Judge Stephen Reinhardt, the Ninth Circuit held that a portion of the Federal Sex Offender Registration and Notification Act (“SORNA”) violates the Ex Post Facto Clause …

U.S. v. Comprehensive Drug Testing, Inc., No. 05-10067 (9th Cir.) (579 F.3d 989) (August 26, 2009) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Electronically Stored Information

U.S. v. Comprehensive Drug Testing, Inc., No. 05-10067 (9th Cir.) (579 F.3d 989) (August 26, 2009) (Judge Alex Kozinski) by This consolidated decision grew out of the Federal Government’s aggressive and seemingly endless investigation into steroid use by professional baseball players; and it involves the Government’s appeals from adverse rulings …

U.S. v. Mills, No. 07-0308-cr (2nd Cir.) (570 F.3d 508) (June 26, 2009) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Mills, No. 07-0308-cr (2nd Cir.) (570 F.3d 508) (June 26, 2009) (Per Curiam) by Sentence for firearms possession is vacated and remanded for resentencing where defendant's prior conviction for escape based on his failure to abide by the terms of his transitional supervision was not a violent felony …

Finigan v. Marshall, No. 07-0964-cv (2nd Cir.) (574 F.3d 57) (July 28, 2009) (Judge Ralph K. Jr. Winter)

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

Filed under: False Arrest, Punch And Jurists

Finigan v. Marshall, No. 07-0964-cv (2nd Cir.) (574 F.3d 57) (July 28, 2009) (Judge Ralph K. Jr. Winter) by District court judgment denying qualified immunity in a 42 U.S.C. § 1983 false arrest action is vacated and remanded where defendant had probable cause to arrest plaintiff as it was reasonable …

U.S. v. Matos, No. 07-cr-870 (NGG) (E.D.N.Y.) (2009 U.S. Dist. LEXIS 79314) (September 3, 2009) (Judge Nicholas G. Garaufis)

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

Filed under: Punch And Jurists, Incredible Testimony

U.S. v. Matos, No. 07-cr-870 (NGG) (E.D.N.Y.) (2009 U.S. Dist. LEXIS 79314) (September 3, 2009) (Judge Nicholas G. Garaufis) by Although defense counsel frequently face “testilying” or false testimony Government law enforcement witnesses, it is rare for a court to bluntly reject such testimony on the grounds that, on its …

Amnesty International USA v. McConnell, No. 08 Civ. 6259 (JGK) (S.D.N.Y.) (646 F.Supp.2d 633) (August 20, 2009) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists, Overseas Wiretaps

Amnesty International USA v. McConnell, No. 08 Civ. 6259 (JGK) (S.D.N.Y.) (646 F.Supp.2d 633) (August 20, 2009) (Judge John G. Koeltl) by Here the Court held that the plaintiffs lacked standing to attack the 2008 amendments to FISA which authorized the warrantless surveillance of phone calls and other communications abroad, …

Al-Kidd v. Ashcroft, No. 06-36059 (9th Cir.) (580 F.3d 949) (September 4, 2009) (Judge Milan D. Jr. Smith)

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

Filed under: Punch And Jurists, Preventative Detention

Al-Kidd v. Ashcroft, No. 06-36059 (9th Cir.) (580 F.3d 949) (September 4, 2009) (Judge Milan D. Jr. Smith) by In an unprecedented ruling with potentially huge political and legal consequences, a divided panel from the Ninth Circuit delivered a stinging rebuke to the Bush Administration’s post-9/11 detention policies and ruled …

U.S. v. Freeman, No. 07 CR 843 (N.D.Ill.) (2009 U.S. Dist. LEXIS 76973) (August 26, 2009) (Judge Joan Humphrey Lefkow)

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

Filed under: Punch And Jurists, Suborning Perjury

U.S. v. Freeman, No. 07 CR 843 (N.D.Ill.) (2009 U.S. Dist. LEXIS 76973) (August 26, 2009) (Judge Joan Humphrey Lefkow) by Here the Court held that four convicted drug traffickers deserve a new trial because prosecutors engaged in misconduct. [Editor's Note: For an interesting follow up on this decision, see …

U.S. v. Fofana, No. 2:09-CR-29 (S.D.Ohio) (620 F.Supp.2d 857) (June 2, 2009) (Judge Algenon L. Marbley)

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

Filed under: Punch And Jurists, General Law Enforcement Objectives

U.S. v. Fofana, No. 2:09-CR-29 (S.D.Ohio) (620 F.Supp.2d 857) (June 2, 2009) (Judge Algenon L. Marbley) by This is a decision that is likely to warm the cockles of the heart of anyone who has ever been subjected to one of those demeaning and intentionally hostile airport searches by one …

U.S. v. Mercado, No. 08-1017-cr (2nd Cir.) (573 F.3d 138) (July 17, 2009) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Mercado, No. 08-1017-cr (2nd Cir.) (573 F.3d 138) (July 17, 2009) (Judge Guido Calabresi) by Conviction for drug crimes is affirmed where: 1) there was sufficient evidence to support defendant's conviction; and 2) the district court did not abuse its discretion by admitting the prior bad acts evidence …

U.S. v. Stall, No. 08-4064 (6th Cir.) (581 F.3d 276) (September 11, 2009) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Stall, No. 08-4064 (6th Cir.) (581 F.3d 276) (September 11, 2009) (Judge Danny J. Boggs) by By now, there is little dispute that the Guidelines’ suggested sentencing ranges for child pornography offenses have become a major and hotly-contested battleground. The instant decision is another example of a Circuit …

Al-Adahi v. Obama, No. Civ. No. 05-280 (GK) (D.D.C.) (2009 U.S. Dist. LEXIS 75103) (August 21, 2009) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, Executive Detention

Al-Adahi v. Obama, No. Civ. No. 05-280 (GK) (D.D.C.) (2009 U.S. Dist. LEXIS 75103) (August 21, 2009) (Judge Gladys Kessler) by Judge Gladys Kessler held that the Government’s detention of Mohammed Al-Adahi, a Yemeni national, was unlawful and ordered the Government to take immediate steps to arrange for his release. …

Rabbani v. Obama, No. Civ. No. 05-1607 (RMU) (D.D.C.) (656 F.Supp.2d 45) (August 20, 2009) (Judge Ricardo M. Urbina)

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

Filed under: Punch And Jurists

Rabbani v. Obama, No. Civ. No. 05-1607 (RMU) (D.D.C.) (656 F.Supp.2d 45) (August 20, 2009) (Judge Ricardo M. Urbina) by Here Judge Ricardo Urbina ruled that the legal team for a Pakistani prisoner at Guantanamo can seek to challenge his detention by questioning an alleged 9/11 mastermind, Khalid Sheikh Mohammed …

Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (648 F.Supp.2d 1) (August 24, 2009) (Judge Coleen Kollar-Kotelly)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (648 F.Supp.2d 1) (August 24, 2009) (Judge Coleen Kollar-Kotelly) by Here, more than five years after the Supreme Court ruled (in Rasul v. Bush, 542 U.S. 466 (2004)) that Fawzi Khalid A.F. Al Odah had the right to challenge his …

U.S. v. Carta, No. Civ. No. 07-12064-JLT (D.Mass.) (620 F.Supp.2d 210) (June 4, 2009) (Judge Joseph L. Tauro)

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

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Carta, No. Civ. No. 07-12064-JLT (D.Mass.) (620 F.Supp.2d 210) (June 4, 2009) (Judge Joseph L. Tauro) by This lengthy decision is noted because it presents an in-depth view of some of the hurdles that defense counsel can expect to encounter when defending against the Government’s efforts to delay …

Bostan v. Obama, No. Civ. No. 05-883 (RBW) (D.D.C.) (662 F.Supp.2d 1) (August 19, 2009) (Judge Reggie B. Walton)

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

Filed under: Punch And Jurists, Hearsay Evidence

Bostan v. Obama, No. Civ. No. 05-883 (RBW) (D.D.C.) (662 F.Supp.2d 1) (August 19, 2009) (Judge Reggie B. Walton) by Here Judge Reggie Walton issued an important and far reaching order in which he essentially rejected the Government’s contention that all of its hearsay evidence about an individual detainee should …