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U.S. v. Rothbard, No. 16-3996 (7th Cir.) (851 F.3d 699) (March 17, 2017) (Judge Diane P. Wood)

Article • April 24, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Adequacy

U.S. v. Rothbard, No. 16-3996 (7th Cir.) (851 F.3d 699) (March 17, 2017) (Judge Diane P. Wood) by Jeffrey Rothbard pled guilty to one count of wire fraud in connection with his participation in a scheme to defraud companies that were interested in obtaining loans for environmentally friendly upgrades to …

U.S. v. Lough, No. Crim. No. 1:16CR18 (N.D.W.Va.) (203 F.Supp.3d 747) (August 25, 2016) (Judge Ireme M. Keeley)

Article • April 24, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Network Investigative Technique ("NIT")

U.S. v. Lough, No. Crim. No. 1:16CR18 (N.D.W.Va.) (203 F.Supp.3d 747) (August 25, 2016) (Judge Ireme M. Keeley) by This is another in the growing series of cases addressing the Government’s use of its Network Investigative Technique (“NIT”) in cases involving child pornography - and this one has an interesting …

U.S. v. Swisshelm, No. 16-1416 (8th Cir.) (848 F.3d 1157) (February 22, 2017) (Judge Roger L. Wollman)

Article • April 24, 2017 • from P&J April, 2017

Filed under: Punch And Jurists

U.S. v. Swisshelm, No. 16-1416 (8th Cir.) (848 F.3d 1157) (February 22, 2017) (Judge Roger L. Wollman) by This is an interesting decision in which the Court addressed an issue of first impression (at least for the Eighth Circuit) - namely, what is the appropriate remedy when defense counsel breaches …

Manrique v. U.S., No. 15-7250 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1266) (April 19, 2017) (Justice Thomas)

Article • April 24, 2017 • from P&J April, 2017

Filed under: Punch And Jurists

Manrique v. U.S., No. 15-7250 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1266) (April 19, 2017) (Justice Thomas) by When defendants are convicted of Federal crimes, it has become quite common for district courts to enter two different judgments: an initial judgment of the conviction and the incarceratory portion …

Nelson v. Colorado, No. 15-1256 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1249) (April 19, 2017) (Justice Ginsburg)

Article • April 24, 2017 • from P&J April, 2017

Filed under: Punch And Jurists

Nelson v. Colorado, No. 15-1256 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1249) (April 19, 2017) (Justice Ginsburg) by Reading this decision, one’s first reaction is to breathe a sigh of relief that the Supreme Court finally struck down various onerous provisions of a Colorado civil forfeiture statue that …

U.S. v. Lara, No. 15-4767 (4th Cir.) (850 F.3d 686) (March 14, 2017) (Judge Barbara Milano Keenan)

Article • April 24, 2017 • from P&J April, 2017

Filed under: Punch And Jurists

U.S. v. Lara, No. 15-4767 (4th Cir.) (850 F.3d 686) (March 14, 2017) (Judge Barbara Milano Keenan) by In this case, the Fourth Circuit addressed an important and frequently recurring question for sex offenders - namely, whether the district court erred in considering at a defendant's sentencing hearing certain admissions …

U.S. v. Blackwell, No. 16-10287 (9th Cir.) (852 F.3d 1164) (April 3, 2017) (Per Curiam)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Ex Post Facto, Punch And Jurists

U.S. v. Blackwell, No. 16-10287 (9th Cir.) (852 F.3d 1164) (April 3, 2017) (Per Curiam) by In 1993, Curtis Blackwell pled guilty to two counts of armed bank robbery and two counts of carrying a firearm during and in relation to a crime of violence. He was sentenced to 357 …

U.S. v. Jenkins, No. 14-4295-cr (2nd Cir.) (854 F.3d 181) (April 17, 2017) (Judge Barrington D. Jr. Parker)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Lack of Empirical Support for Guidelines Sentence

U.S. v. Jenkins, No. 14-4295-cr (2nd Cir.) (854 F.3d 181) (April 17, 2017) (Judge Barrington D. Jr. Parker) by This is an important child pornography sentencing decision that distills the essence of the long-simmering debate about the Guidelines real and long-recognized failure to differentiate between the crime of possession of …

U.S. v. Sizemore, No. 16-5700 (6th Cir.) (850 F.3d 821) (March 8, 2017) (Judge Karen Nelson Moore)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Financial Resources of the Defendant

U.S. v. Sizemore, No. 16-5700 (6th Cir.) (850 F.3d 821) (March 8, 2017) (Judge Karen Nelson Moore) by A.M. Brandon, the perpetually astute blogger at the Sixth Circuit Blog, posted a memorable commentary about the instant case; and that commentary also serves well as an excellent introduction to many vagaries …

U.S. v. Litos, No. 16-1384 (7th Cir.) (847 F.3d 906) (February 10, 2017) (Judge Richard A. Posner)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Deliberate Indifference

U.S. v. Litos, No. 16-1384 (7th Cir.) (847 F.3d 906) (February 10, 2017) (Judge Richard A. Posner) by The restitution statute at issue in this case was the Mandatory Victim Restitution Act of 1996, 18 U.S.C. § 3663A (“MVRA”), which was enacted to provide mandatory compensation to victims of certain …

U.S. v. Adejumo, No. 15-3952 (8th Cir.) (848 F.3d 868) (February 16, 2017) (Judge Diana E. Murphy)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Adejumo, No. 15-3952 (8th Cir.) (848 F.3d 868) (February 16, 2017) (Judge Diana E. Murphy) by Adetokunbo Adejumo was indicted in 2011 on 15 counts charging a scheme to defraud banks and bank customers by use of stolen identities, stolen and fraudulently created bank accounts, counterfeit checks, and …

U.S. v. Robinson, No. 14-4902 (4th Cir.) (846 F.3d 694) (January 23, 2017) (Judge Paul V. Niemeyer)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Presumption of Dangerousness

U.S. v. Robinson, No. 14-4902 (4th Cir.) (846 F.3d 694) (January 23, 2017) (Judge Paul V. Niemeyer) by This is an intriguing and provocative decision that debates whether the rash of new gun laws that have been sprouting up all across our nation in the aftermath of District of Columbia …

Dean v. U.S., No. 15-9260 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1170) (April 3, 2017) (Justice (John G.) Roberts)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Length of Sentence

Dean v. U.S., No. 15-9260 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1170) (April 3, 2017) (Justice (John G.) Roberts) by One of the most oppressive and frequently used mandatory minimum statutes is 18 U.S.C. § 924(c), which makes it a separate crime to use or possess a firearm …

U.S. v. Agyekum, No. 15-4479 (4th Cir.) (846 F.3d 744) (January 24, 2017) (Judge Paul V. Niemeyer)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Agyekum, No. 15-4479 (4th Cir.) (846 F.3d 744) (January 24, 2017) (Judge Paul V. Niemeyer) by This is another of the growing number of “pill mill” cases in which the Government has been bringing criminal prosecutions against pharmacists for participating in the illegal distribution of pain killers. The …

U.S. v. Kohli, No. 15-3481 (7th Cir.) (847 F.3d 483) (February 1, 2017) (Judge Daniel A. Manion)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Legitimate Medical Purpose

U.S. v. Kohli, No. 15-3481 (7th Cir.) (847 F.3d 483) (February 1, 2017) (Judge Daniel A. Manion) by The Defendant in this case, Dr. Naeem Kohli, an Illinois physician, was convicted on multiple counts of prescribing narcotics without a legitimate medical purpose in violation of § 841(a) of the Controlled …

Moore v. Texas, No. 15-797 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 1039) (March 28, 2017) (Justice Ginsburg)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Need for Medical Consensus

Moore v. Texas, No. 15-797 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 1039) (March 28, 2017) (Justice Ginsburg) by In 1980, Bobby James Moore fatally shot a store clerk during a botched robbery of a grocery store in Texas. He was convicted of capital murder and sentenced to death. …

Manuel v. City of Joliet, No. 14-9496 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 911) (March 21, 2017) (Justice Kagan)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Statute of Limitations

Manuel v. City of Joliet, No. 14-9496 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 911) (March 21, 2017) (Justice Kagan) by The facts before the Court in this case were relatively straightforward. The Petitioner, Elijah Manuel, was arrested and held in jail for 48 days after a judge relied …

U.S. v. Bodouva, No. 16-3937 (2nd Cir.) (853 F.3d 76) (March 22, 2017) (Per Curiam)

Article • March 13, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Statutory Authority

U.S. v. Bodouva, No. 16-3937 (2nd Cir.) (853 F.3d 76) (March 22, 2017) (Per Curiam) by In March of 2016, Christine Bodouva was indicted on one count of embezzling $126,979.63 from an employee benefit plan subject to the Employee Retirement Income Security Act ("ERISA"), in violation of 18 U.S.C. §§ …

U.S. v. Darby, No. 2:16cr36 (E.D.Va.) (190 F.Supp.3d 520) (June 3, 2016) (Judge Robert G. Doumar)

Article • March 13, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Network Investigative Technique ("NIT")

U.S. v. Darby, No. 2:16cr36 (E.D.Va.) (190 F.Supp.3d 520) (June 3, 2016) (Judge Robert G. Doumar) by U.S. v. Darby, 190 F.Supp.3d 520 (E.D.Va. June 3, 2016) (District Judge Robert Doumar) U.S. v. Matish, 193 F.Supp.3d 585 (E.D.Va. June 23, 2016) (District Judge Henry Coke Morgan, Jr.) On February 20, …

U.S. v. Mumphrey, No. 14-cr-00643-EMC-1 (N.D.Cal.) (193 F.Supp.3d 1040) (June 30, 2016) (Judge Edward M. Chen)

Article • March 13, 2017 • from P&J March, 2017

Filed under: Discovery, Punch And Jurists

U.S. v. Mumphrey, No. 14-cr-00643-EMC-1 (N.D.Cal.) (193 F.Supp.3d 1040) (June 30, 2016) (Judge Edward M. Chen) by This is an interesting case that arose out of the arrest and prosecution of 37 individuals, all of whom are African American, who were targeted under a San Francisco Police Department (“SFPD”) program …