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Imbler v. Pachtman, No. 74-5435 (U.S. Supreme Court) (424 U.S. 409; 96 S.Ct. 984) (March 2, 1976) (Justice Powell)

Article • February 10, 2009

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Imbler v. Pachtman, No. 74-5435 (U.S. Supreme Court) (424 U.S. 409; 96 S.Ct. 984) (March 2, 1976) (Justice Powell) by The question presented in this case was whether a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution is amenable to …

U.S. v. Connolly, No. 06-3139-cr (2nd Cir.) (552 F.3d 86) (December 4, 2008) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Connolly, No. 06-3139-cr (2nd Cir.) (552 F.3d 86) (December 4, 2008) (Judge William K. III Sessions) by Conviction for illegal reentry into the U.S. as a convicted felon in violation of 8 U.S.C. section 1326(b)(2) is affirmed over claim of error that the charge should have been vacated …

S.E.C. v. Tambone, No. 07-1384 (1st Cir.) (597 F.3d 436) (March 10, 2010) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Primary Liability

S.E.C. v. Tambone, No. 07-1384 (1st Cir.) (597 F.3d 436) (March 10, 2010) (Judge Bruce M. Selya) by In this case, the First Circuit, sitting en banc, rejected the SEC’s “expansive interpretation” of Rule 10(b)(5) (codified at 17 C.F.R. § 240.10b-5(b)) and held that one may not be held liable …

U.S. v. McGee, No. 08-1619-cr (2nd Cir.) (553 F.3d 225) (January 23, 2009) (Per Curiam)

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

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

U.S. v. McGee, No. 08-1619-cr (2nd Cir.) (553 F.3d 225) (January 23, 2009) (Per Curiam) by In conviction of defendant-career offender who was granted a departure for sentencing, denial of defendant's motion for a reduced sentence pursuant to 18 U.S.C. § 3582(c)(2) and the so-call crack amendments is vacated and …

U.S. v. Uddin, No. 07-3121-cr (2nd Cir.) (551 F.3d 176) (January 6, 2009) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Food Stamp Fraud

U.S. v. Uddin, No. 07-3121-cr (2nd Cir.) (551 F.3d 176) (January 6, 2009) (Judge Robert A. Katzmann) by A sentence for food stamp fraud and theft of public property is affirmed where, despite the absence of data as to the exact amount of loss, the district court's loss calculation was …

Plata v. Schwarzenegger, No. 08-17412 (9th Cir.) (560 F.3d 976) (March 25, 2009) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Reduction of Prison Population

Plata v. Schwarzenegger, No. 08-17412 (9th Cir.) (560 F.3d 976) (March 25, 2009) (Judge Jr. William C. Canby) by Plata v. Schwarzenegger, 560 F.3d 976 (9th Cir. Mar. 25, 2009) (Judge Canby) Plata v. Schwarzenegger, No. CV 01-1351 THE (N.D.Cal. Mar. 24, 2009) (Judge Henderson) We recently noted a case …

Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (551 F.3d 1068) (January 9, 2009) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists

Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (551 F.3d 1068) (January 9, 2009) (Judge Douglas Ginsburg) by Petitioners, military detainees at Guantanamo Bay, sought review pursuant to § 1005(e)(2) of the Detainee Treatment Act (DTA), 10 U.S.C. § 801 note, of a determination by a Combatant Status Review Tribunal that …

Fisher v. City of San Jose, No. 04-16095 (9th Cir.) (558 F.3d 1069) (March 11, 2009) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists, Need for an Arrest Warrant

Fisher v. City of San Jose, No. 04-16095 (9th Cir.) (558 F.3d 1069) (March 11, 2009) (Judge Richard C. Tallman) by Because of the extreme facts of this case, its outcome will probably neither surprise nor offend most Americans - or even most civil libertarians. Nevertheless, this case is noted …

Knowles v. Mirzayance, No. 07-1315 (U.S. Supreme Court) (556 U.S. 111; 129 S.Ct. 1411) (March 24, 2009) (Justice Thomas)

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

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Knowles v. Mirzayance, No. 07-1315 (U.S. Supreme Court) (556 U.S. 111; 129 S.Ct. 1411) (March 24, 2009) (Justice Thomas) by This is another of a seemingly endless series of recent decisions from the Supreme Court dealing with the meaning of “ineffective assistance of counsel” under Strickland v. Washington, 466 U.S. …

Puckett v. U.S., No. 07-9712 (U.S. Supreme Court) (556 U.S. 129; 129 S.Ct. 1423) (March 25, 2009) (Justice Scalia)

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

Filed under: Punch And Jurists, Plain Error

Puckett v. U.S., No. 07-9712 (U.S. Supreme Court) (556 U.S. 129; 129 S.Ct. 1423) (March 25, 2009) (Justice Scalia) by The question before the Court in this case was whether the plain error standard of review set forth in Rule 52(b) applies when a prosecutor breaches a plea agreement that …

U.S. v. Perazza-Mercado, No. 07-1511 (1st Cir.) (553 F.3d 65) (January 21, 2009) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Relation to Offense of Conviction

U.S. v. Perazza-Mercado, No. 07-1511 (1st Cir.) (553 F.3d 65) (January 21, 2009) (Judge Kermit A. Lipez) by In an issue of first impression in the First Circuit, the Court addressed the validity of a special condition of supervised release that imposed a total ban on a defendant’s home use …

U.S. v. Myers, No. 07-4417 (4th Cir.) (553 F.3d 328) (January 16, 2009) (Judge William B. Jr. Traxler)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Myers, No. 07-4417 (4th Cir.) (553 F.3d 328) (January 16, 2009) (Judge William B. Jr. Traxler) by James Myers, who had previously been convicted of a felony, pled guilty to a charge of unlawful possession of a firearm. The firearm at issue in this case qualified as a …

U.S. v. Williams, No. 07-2436-cr (2nd Cir.) (558 F.3d 166) (March 5, 2009) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Williams, No. 07-2436-cr (2nd Cir.) (558 F.3d 166) (March 5, 2009) (Judge Rosemary S. Pooler) by Here, the Second Circuit held that a mandatory minimum sentence for gun possession or gun use may not be stacked on top of any other greater mandatory minimum penalty for the same …

U.S. v. Luedtke, No. 08-CR-189 (E.D.Wisc.) (589 F.Supp.2d 1018) (November 18, 2008) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists

U.S. v. Luedtke, No. 08-CR-189 (E.D.Wisc.) (589 F.Supp.2d 1018) (November 18, 2008) (Judge Lynn S. Adelman) by To date, the Supreme Court’s historic Second Amendment decision in District of Columbia v. Heller, 554 U.S. ___, 128 S.Ct. 2783 (2008) has not led to a wholesale reversal of many of the …

U.S. v. Osborne, No. 2:08cr33-MHT (M.D.Ala.) (590 F.Supp.2d 1330) (December 19, 2008) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Drug Possession versus Drug Trafficking

U.S. v. Osborne, No. 2:08cr33-MHT (M.D.Ala.) (590 F.Supp.2d 1330) (December 19, 2008) (Judge Myron H. Thompson) by Anqwuan Osborne was arrested in Montgomery, AL after a chase by local police. At the time of his arrest, he was found in possession of a pistol and a packet containing ten ecstasy …

U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (553 F.3d 161) (January 9, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (553 F.3d 161) (January 9, 2009) (Judge Jose A. Cabranes) by An appeal from a conviction for distribution and possession of marijuana and conspiracy to distribute marijuana is held in abeyance as the issues raised on defendant's Federal Rule of Criminal Procedure 33 …

U.S. v. Hamilton, No. Crim. No. 05-876 (JLL) (D.N.J.) (579 F.Supp.2d 637) (September 28, 2008) (Judge Jose L. Linares)

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

Filed under: Punch And Jurists, Consciousness of Innocence

U.S. v. Hamilton, No. Crim. No. 05-876 (JLL) (D.N.J.) (579 F.Supp.2d 637) (September 28, 2008) (Judge Jose L. Linares) by Historically, polygraph evidence has been viewed with great disfavor by the Federal courts. Not only are the results of polygraph exams generally inadmissible, there is not even any consensus that …

U.S. v. Esparza, No. 07-50293 (9th Cir.) (552 F.3d 1088) (January 20, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Improper Delegation to Probation Officer

U.S. v. Esparza, No. 07-50293 (9th Cir.) (552 F.3d 1088) (January 20, 2009) (Per Curiam) by The defendant in this case pled guilty to distribution of child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A). In addition to a prison sentence of 235 months, the defendant was ordered to serve …

U.S. v. Bailey, No. 06-5576 (6th Cir.) (553 F.3d 940) (January 20, 2009) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Bailey, No. 06-5576 (6th Cir.) (553 F.3d 940) (January 20, 2009) (Judge Karen Nelson Moore) by This decision is noted for its comprehensive analysis of the law on constructive possession of a firearm. It is also noted for its straightforward conclusion that “the mere fact that [the defendant] …

U.S. v. Horn, No. 3:01-cr-00142 (M.D.Tenn.) (590 F.Supp.2d 976) (December 16, 2008) (Judge Thomas A. Jr. Wiseman)

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

Filed under: Punch And Jurists

U.S. v. Horn, No. 3:01-cr-00142 (M.D.Tenn.) (590 F.Supp.2d 976) (December 16, 2008) (Judge Thomas A. Jr. Wiseman) by Here the Court held that the provisions of U.S.S.G. § 1B1.10(c) are unconstitutional, under the principles established in Booker and its progeny, to the extent they purport to dictate which Guideline amendments …