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U.S. v. Thielemann, No. 08-2335 (3rd Cir.) (575 F.3d 265) (August 3, 2009) (Judge Leonard I. Garth)

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

Filed under: First Amendment, Punch And Jurists

U.S. v. Thielemann, No. 08-2335 (3rd Cir.) (575 F.3d 265) (August 3, 2009) (Judge Leonard I. Garth) by Here the Court upheld two broad special conditions of supervised release in a child pornography case, one banning access to the Internet for ten years and the other banning the possession or …

U.S. v. Jass, No. 06-4899-cr(L) (2nd Cir.) (569 F.3d 47) (June 16, 2009) (Judge Reena Raggi)

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

Filed under: Punch And Jurists, Bruton Error

U.S. v. Jass, No. 06-4899-cr(L) (2nd Cir.) (569 F.3d 47) (June 16, 2009) (Judge Reena Raggi) by Defendants' child pornography convictions and sentences are affirmed, where: 1) any Sixth Amendment error due to the introduction of Defendant's redacted confession was harmless; and 2) the District Court applied an unwarranted sentencing …

U.S. v. Bundy, No. Crim. No. 95-CR-46 (RCL) (D.D.C.) (613 F.Supp.2d 35) (May 8, 2009) (Judge Royce C. Lamberth)

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

Filed under: Punch And Jurists, Eligibility Under § 3582(c)(2)

U.S. v. Bundy, No. Crim. No. 95-CR-46 (RCL) (D.D.C.) (613 F.Supp.2d 35) (May 8, 2009) (Judge Royce C. Lamberth) by This is another in the recent flood of cases by defendants convicted of crack-cocaine crimes who are seeking a resentencing based on Guideline Amendments 706 and 711 (which lowered, retroactively, …

Scarlett v. U.S. Dept. of Homeland Security, No. 08-cv-534 (W.D.N.Y.) (632 F.Supp.2d 214) (July 10, 2009) (Judge Richard J. Arcara)

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

Filed under: Bail, Punch And Jurists

Scarlett v. U.S. Dept. of Homeland Security, No. 08-cv-534 (W.D.N.Y.) (632 F.Supp.2d 214) (July 10, 2009) (Judge Richard J. Arcara) by Finally, after Errol Scarlett, a Jamaican citizen, spent more than 5-½ years in immigration detention facilities while fighting deportation, a Federal judge has ordered that he be given a …

Hamlily v. U.S., No. 05-0763 (JDB) (D.D.C.) (616 F.Supp.2d 63) (May 19, 2009) (Judge John D. Bates)

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

Filed under: Punch And Jurists, Authorization for the Use of Military Force (AUMF)

Hamlily v. U.S., No. 05-0763 (JDB) (D.D.C.) (616 F.Supp.2d 63) (May 19, 2009) (Judge John D. Bates) by In the 07-13-09 issue of P&J, we noted a strong ruling by Judge Huvelle in which she granted a writ of habeas corpus to a Guantanamo Bay detainee after finding that the …

Watson v. Geren, No. 07-2563-pr (2nd Cir.) (569 F.3d 115) (June 25, 2009) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists

Watson v. Geren, No. 07-2563-pr (2nd Cir.) (569 F.3d 115) (June 25, 2009) (Judge Robert A. Katzmann) by District court judgment granting plaintiff's petition for a writ of habeas corpus in a case involving an application for discharge as a conscientious objector is affirmed where: 1) in the event that …

In Re: Sealed Case, No. 08-3029 (D.C. Cir.) (573 F.3d 844) (July 28, 2009) (Judge David S. Tatel)

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

Filed under: Punch And Jurists

In Re: Sealed Case, No. 08-3029 (D.C. Cir.) (573 F.3d 844) (July 28, 2009) (Judge David S. Tatel) by In this case, a divided panel from the D.C. Circuit held that Federal judges cannot use a greater likelihood of rehabilitation to justify a longer prison sentence for a criminal defendant. …

U.S. v. Lucky, No. 08-1939-cr (2nd Cir.) (569 F.3d 101) (June 19, 2009) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Lucky, No. 08-1939-cr (2nd Cir.) (569 F.3d 101) (June 19, 2009) (Judge Guido Calabresi) by Defendant's firearm possession conviction is affirmed where, when police stopped Defendant's car, they had reasonable suspicion in light of the fact that the automobile had the same license plate number and description as …

U.S. v. Jackson, No. 08-30231 (9th Cir.) (577 F.3d 1032) (August 14, 2009) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Eligibility Under § 3582(c)(2)

U.S. v. Jackson, No. 08-30231 (9th Cir.) (577 F.3d 1032) (August 14, 2009) (Judge A. Wallace Tashima) by Ordinarily, a district court may not modify a sentence once it has been imposed. (See 18 U.S.C. § 3582(c)). However, an exception exists "in the case of a defendant who has been …

Coleman v. Schwarzenegger, No. Civ. S-90-0520 LKK JFM (E.D.Cal.) (922 F.Supp.2d 882) (August 4, 2009) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Reduction of Prison Population

Coleman v. Schwarzenegger, No. Civ. S-90-0520 LKK JFM (E.D.Cal.) (922 F.Supp.2d 882) (August 4, 2009) (Judge Stephen Reinhardt) by Finding the California prison system was in a "state of emergency" and unable to provide constitutionally inadequate health care to its inmates, a special three-judge panel ordered the State to reduce …

In Re: Troy Davis, No. 08-1443 (U.S. Supreme Court) (557 U.S. 952; 130 S.Ct. 1) (August 17, 2009) (Per Curiam)

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

Filed under: Hearing, Punch And Jurists

In Re: Troy Davis, No. 08-1443 (U.S. Supreme Court) (557 U.S. 952; 130 S.Ct. 1) (August 17, 2009) (Per Curiam) by Interrupting its summer recess (itself a rare event), and acting on a procedurally rare original writ of habeas corpus directly to the Supreme Court, a 6-2 majority intervened in …

U.S. v. Korey, No. Crim. No. 08-0039 (W.D.Pa.) (614 F.Supp.2d 573) (May 13, 2009) (Judge Gary L. Lancaster)

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

Filed under: Punch And Jurists, Vindictive Prosecution

U.S. v. Korey, No. Crim. No. 08-0039 (W.D.Pa.) (614 F.Supp.2d 573) (May 13, 2009) (Judge Gary L. Lancaster) by Here the Court dismissed an indictment with prejudice on the grounds that the Government had engaged in a vindictive prosecution by retaliating against the defendant because he successfully appealed a prior …

Basardh v. Obama, No. Civ. No. 05-889 (ESH) (D.D.C.) (612 F.Supp.2d 30) (April 15, 2009) (Judge Ellen Segal Huvelle)

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

Filed under: Punch And Jurists, Authorization for the Use of Military Force (AUMF)

Basardh v. Obama, No. Civ. No. 05-889 (ESH) (D.D.C.) (612 F.Supp.2d 30) (April 15, 2009) (Judge Ellen Segal Huvelle) by In our last issue, we noted Judge Ellen Huvelle’s order in a different Guantanamo Bay detainee case which barred the Government from using any confessions and statements given by Saki …

U.S. v. White, No. 08-CR-851 (N.D.Ill.) (638 F.Supp.2d 935) (July 20, 2009) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Protected Speech

U.S. v. White, No. 08-CR-851 (N.D.Ill.) (638 F.Supp.2d 935) (July 20, 2009) (Judge Lynn S. Adelman) by Because freedom of speech is the last bastion of protection against a tyrannical Government, it is one of our most precious rights. And precisely for that reason, despicable people often abuse that right …

In Re: United States of America, No. 09-4145 (10th Cir.) (578 F.3d 1195) (August 13, 2009) (Per Curiam)

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

Filed under: Punch And Jurists

In Re: United States of America, No. 09-4145 (10th Cir.) (578 F.3d 1195) (August 13, 2009) (Per Curiam) by The appellate waters are beginning to churn in the wake of the Supreme Court’s landmark decision in District of Columbia v. Heller, 128 S.Ct. 2783 (2008). On September 29, 2009, at …

Simmons v. Galvin, No. 08-1569 (1st Cir.) (575 F.3d 24) (July 31, 2009) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Incarcerated Felons

Simmons v. Galvin, No. 08-1569 (1st Cir.) (575 F.3d 24) (July 31, 2009) (Judge Sandra L. Lynch) by In this case, a divided panel from the First Circuit upheld the validity of an amendment to the Massachusetts state constitution (herein “Article 120") that was approved by the voters in 2000 …

KindHearts for Charitable Humanitarian Development, Inc. v. Geithner, No. 3:08CV2400 (N.D.Ohio) (647 F.Supp.2d 857) (August 18, 2009) (Judge James G. Carr)

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

Filed under: Punch And Jurists, Office of Foreign Assets Control (OFAC)

KindHearts for Charitable Humanitarian Development, Inc. v. Geithner, No. 3:08CV2400 (N.D.Ohio) (647 F.Supp.2d 857) (August 18, 2009) (Judge James G. Carr) by In a sweeping decision that casts serious doubts on the legal underpinnings of one of the Government’s main counterterrorism tools, Chief Judge James Carr of the N.D.Ohio held …

Mills v. District of Columbia, No. 08-7127 (D.C. Cir.) (571 F.3d 1304) (July 10, 2009) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Lack of Individualized Suspicion

Mills v. District of Columbia, No. 08-7127 (D.C. Cir.) (571 F.3d 1304) (July 10, 2009) (Judge David B. Sentelle) by Here the Court held that the police department’s establishment of suspicionless checkpoints that blocked entry into a crime-ridden neighborhood constituted an unconstitutional seizure under the Fourth Amendment since there was …

U.S. v. Smedley, No. 4:09 CR 99 CAS (E.D.Mo.) (611 F.Supp.2d 971) (April 22, 2009) (Judge Magistrate)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Smedley, No. 4:09 CR 99 CAS (E.D.Mo.) (611 F.Supp.2d 971) (April 22, 2009) (Judge Magistrate) by In this decision, Magistrate Judge Noce became the eighth Federal judge to hold that the mandatory conditions of release contained in 18 U.S.C. § 3142(c)(1)(B), a portion of the Adam Walsh Child …

In Re: Guantanamo Bay Detainee Litigation, No. Misc. No. 08-0442 (TFH) (D.D.C.) (630 F.Supp.2d 1) (June 1, 2009) (Judge Thomas F. Hogan)

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

Filed under: Punch And Jurists, States Secrets Privilege

In Re: Guantanamo Bay Detainee Litigation, No. Misc. No. 08-0442 (TFH) (D.D.C.) (630 F.Supp.2d 1) (June 1, 2009) (Judge Thomas F. Hogan) by This 19-page ruling by Judge Hogan underscores some of the Government-created obstacles to the ending of the autocratic and arbitrary detention policies at Guantanamo Bay and to …