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U.S. v. Pope, No. 08-1007-cr (2nd Cir.) (554 F.3d 240) (February 3, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Pope, No. 08-1007-cr (2nd Cir.) (554 F.3d 240) (February 3, 2009) (Judge Jose A. Cabranes) by In a conviction following a guilty plea for bank burglary, principal sentence to seven years imprisonment pursuant to an upward departure is affirmed where: 1) U.S.S.G. section 2B2.1(b)(4) required only possession of …

U.S. v. Varrone, No. 07-4533-cr (2nd Cir.) (554 F.3d 327) (January 30, 2009) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists

U.S. v. Varrone, No. 07-4533-cr (2nd Cir.) (554 F.3d 327) (January 30, 2009) (Judge Sonia Sotomayor) by In a conviction for failure to file Currency Transaction Reports (CTR) in violation of 31 U.S.C. §§ 5313 and 5322(a), district court's orders of forfeiture and restitution are vacated where: 1) the court …

U.S. v. Stevens, No. 08-231(EGS) (D.D.C.) (593 F.Supp.2d 177) (January 16, 2009) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Contempt

U.S. v. Stevens, No. 08-231(EGS) (D.D.C.) (593 F.Supp.2d 177) (January 16, 2009) (Judge Emmet G. Sullivan) by This ruling, and Judge Sullivan's similar ruling in Batarfi v. Bush, No. 05-0409 (EGS) (D.D.C. Mar. 13, 2009) (which is available at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2005cv0409-170), are noted as evidence of the fact that Judge Sullivan …

U.S. v. Shaygan, No. 08-20112-CR-GOLD (S.D.Fla.) (661 F.Supp.2d 1289) (April 9, 2009) (Judge Alan S. Gold)

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

Filed under: Punch And Jurists

U.S. v. Shaygan, No. 08-20112-CR-GOLD (S.D.Fla.) (661 F.Supp.2d 1289) (April 9, 2009) (Judge Alan S. Gold) by In this decision, Judge Gold blasted Federal prosecutors for their mean-spirited and vindictive conduct that constituted “unethical behavior” and for acting “vexatiously and in bad faith” in its prosecution of Dr. Ali Shaygan, …

U.S. v. Gutierrez, No. 08-3581-cr (2nd Cir.) (555 F.3d 105) (February 11, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Meaningful Opportunity to be Heard

U.S. v. Gutierrez, No. 08-3581-cr (2nd Cir.) (555 F.3d 105) (February 11, 2009) (Judge Jose A. Cabranes) by Conviction for possession of counterfeit checks and bank fraud and sentence of 24 months on each count, to run concurrently, is affirmed over claims of error that: 1) defendant's sentence was procedurally …

Kiyemba v. Obama, No. 05-5487 (D.C. Cir.) (561 F.3d 509) (April 7, 2009) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Jurisdiction

Kiyemba v. Obama, No. 05-5487 (D.C. Cir.) (561 F.3d 509) (April 7, 2009) (Judge Douglas Ginsburg) by This is another decision in the long and troubling history of legal proceedings relating to the 17 Chinese Muslim (or Uighur) citizens who have been imprisoned at Guantanamo Bay since 2001 - despite …

U.S. v. Webb, No. 08-13405 (11th Cir.) (565 F.3d 789) (April 13, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Guideline Amendment 706

U.S. v. Webb, No. 08-13405 (11th Cir.) (565 F.3d 789) (April 13, 2009) (Per Curiam) by This case is noted for its holding that there is no right to counsel at crack-cocaine sentence modification proceedings pursuant to Guidelines Amendment 706 and 18 U.S.C. § 3582(c)(2). Amendment 706 (which became effective …

Musladin v. Lamarque, No. 03-16653 (9th Cir.) (555 F.3d 830) (February 12, 2009) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists, Fair Trial

Musladin v. Lamarque, No. 03-16653 (9th Cir.) (555 F.3d 830) (February 12, 2009) (Judge Marsha L. Berzon) by The petitioner, Mathew Musladin, was convicted of first degree murder and, after pursuing his state court remedies without success, he appealed to the Federal courts for habeas relief. After his petition was …

Flores-Figueroa v. U.S., No. 08-108 (U.S. Supreme Court) (556 U.S. 646; 129 S.Ct. 1886) (May 4, 2009) (Judge Charles R. Breyer)

Article • March 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Mens Rea

Flores-Figueroa v. U.S., No. 08-108 (U.S. Supreme Court) (556 U.S. 646; 129 S.Ct. 1886) (May 4, 2009) (Judge Charles R. Breyer) by In this case, the Court addressed a Circuit split over the scope of the mens rea requirement in one of the many obtuse mandatory minimum Congressional statutes - …

Cone v. Bell, No. 07-1114 (U.S. Supreme Court) (556 U.S. 449; 129 S.Ct. 1769) (April 28, 2009) (Justice Stevens)

Article • March 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Capital Cases

Cone v. Bell, No. 07-1114 (U.S. Supreme Court) (556 U.S. 449; 129 S.Ct. 1769) (April 28, 2009) (Justice Stevens) by To best understand the issues before the Supreme Court in this capital sentencing case, one should start with Justice Stevens’ concluding paragraph where he observed: “In the 27 years since …

U.S. v. Hurell, No. 06-5653-cr (2nd Cir.) (555 F.3d 122) (January 28, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Hurell, No. 06-5653-cr (2nd Cir.) (555 F.3d 122) (January 28, 2009) (Per Curiam) by Three judgments entered after the district court determined that a prior state conviction for burglary in the third degree, and prior convictions for attempted burglary in the third degree were not crimes of violence …

Poindexter v. U.S., No. 07-1151-pr (2nd Cir.) (556 F.3d 87) (February 10, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Guideline Amendment

Poindexter v. U.S., No. 07-1151-pr (2nd Cir.) (556 F.3d 87) (February 10, 2009) (Per Curiam) by In conviction for one count of conspiracy to possess with intent to distribute and to distribute an unspecified quantity of cocaine, denial of petition to reduce imprisonment pursuant to 18 U.S.C. § 3582(c)(2) is …

Miller v. Skumanick, No. 3:09cv540 (M.D.Pa.) (605 F.Supp.2d 634) (March 20, 2009) (Judge James M Munley)

Article • March 1, 2009 • from P&J March, 2010

Filed under: Punch And Jurists

Miller v. Skumanick, No. 3:09cv540 (M.D.Pa.) (605 F.Supp.2d 634) (March 20, 2009) (Judge James M Munley) by In this case, District Judge James Munley enjoined Wyoming County District Attorney George Skumanick from prosecuting three teenage girls on felony pornography charges based upon their alleged role in participating in the “sexting” …

U.S. v. Reyes, No. 06-3699-cr (2nd Cir.) (557 F.3d 84) (February 19, 2009) (Per Curiam)

Article • March 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Double Counting

U.S. v. Reyes, No. 06-3699-cr (2nd Cir.) (557 F.3d 84) (February 19, 2009) (Per Curiam) by Sentence for assault in aid of racketeering activity is upheld where the district court did not engage in impermissible "double counting" of a sentencing factor when it departed upward from the recommended statutory sentencing …

U.S. v. Parker, No. 07-0620-cr(L) (2nd Cir.) (554 F.3d 230) (February 3, 2009) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists

U.S. v. Parker, No. 07-0620-cr(L) (2nd Cir.) (554 F.3d 230) (February 3, 2009) (Judge Pierre N. Leval) by Conviction for conspiracy to possess crack cocaine with the intent to distribute is affirmed where the buyer-seller exception does not apply to conspiracy with regard to other transfers of either the seller …

Rivera v. Illinois, No. 07-9995 (U.S. Supreme Court) (556 U.S. 148; 129 S.Ct. 1446) (March 31, 2009) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Harmless Error

Rivera v. Illinois, No. 07-9995 (U.S. Supreme Court) (556 U.S. 148; 129 S.Ct. 1446) (March 31, 2009) (Justice Ginsburg) by Here a unanimous Supreme Court held that the Due Process Clause does not require the automatic reversal of a murder conviction simply because of the trial court's good-faith error in …

U.S. v. Nacchio, No. 07-1311 (10th Cir.) (555 F.3d 1234) (February 25, 2009) (Judge Jerome A. Holmes)

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

Filed under: Punch And Jurists, Exclusion of Witnesses at Trial

U.S. v. Nacchio, No. 07-1311 (10th Cir.) (555 F.3d 1234) (February 25, 2009) (Judge Jerome A. Holmes) by The defendant was convicted at trial of multiple counts of insider trading. During the trial, the district court granted the Government's motion to exclude defendant's expert-testimony evidence. On appeal, in a decision …

U.S. v. Aquino, No. 07-3202 (3rd Cir.) (555 F.3d 124) (February 6, 2009) (Judge Maryanne Trump Barry)

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

Filed under: Punch And Jurists, National Defense Information

U.S. v. Aquino, No. 07-3202 (3rd Cir.) (555 F.3d 124) (February 6, 2009) (Judge Maryanne Trump Barry) by This is the first reported decision to discuss an issue that has not previously been addressed by any Federal court - namely, the circumstances under which two separate, but related, Guideline provisions …

Gibbons v. Savage, No. 07-3306-pr (2nd Cir.) (555 F.3d 112) (January 28, 2009) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Trivial Error

Gibbons v. Savage, No. 07-3306-pr (2nd Cir.) (555 F.3d 112) (January 28, 2009) (Judge Pierre N. Leval) by In conviction for rape, incest, and endangering the welfare of a child, denial of petition for habeas corpus is affirmed where: 1) though the state trial court's decision to exclude the public …

U.S. v. Tomko, No. 05-4997 (3rd Cir.) (562 F.3d 558) (April 17, 2009) (Judge D. Brooks Smith)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Tomko, No. 05-4997 (3rd Cir.) (562 F.3d 558) (April 17, 2009) (Judge D. Brooks Smith) by The issue before the en banc Third Circuit in this case was whether a sentence of probation and house arrest imposed on a wealthy confessed tax cheat was reasonable under the standards …