Search | Punch and Jurists

Dolphy v. Mantello, No. 03-2738-pr (L) (2nd Cir.) (552 F.3d 236) (January 9, 2009) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Pre-textual Justifications

Dolphy v. Mantello, No. 03-2738-pr (L) (2nd Cir.) (552 F.3d 236) (January 9, 2009) (Judge Dennis G. Jacobs) by During the defendant's trial on drug, weapon, and attempted assault charges, the prosecutor struck the only African-American in the jury pool. When the defendant, also African-American, challenged the strike, the prosecutor …

U.S. v. Berry, No. 07-1251 (3rd Cir.) (553 F.3d 273) (January 6, 2009) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Improper Comment

U.S. v. Berry, No. 07-1251 (3rd Cir.) (553 F.3d 273) (January 6, 2009) (Judge Theodore A. McKee) by Here the Court held that the district court’s reliance on “unsupported speculation” about the defendants’ prior criminal history and their arrest records denied them their due process rights, constituted plain error and …

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (553 F.3d 1171) (January 30, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (553 F.3d 1171) (January 30, 2009) (Per Curiam) by Here the en banc Court affirmed - but radically toned down - a panel's prior, controversial decision regarding thermal imaging warrants by concluding that probable cause existed for the issuance of those warrants - …

Johnson v. Bredesen, No. 3:08cv0187 (M.D.Tenn.) (579 F.Supp.2d 1044) (September 22, 2008) (Judge Thomas A. Jr. Wiseman)

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

Filed under: Punch And Jurists, Constitutional Challenges/Claims

Johnson v. Bredesen, No. 3:08cv0187 (M.D.Tenn.) (579 F.Supp.2d 1044) (September 22, 2008) (Judge Thomas A. Jr. Wiseman) by In this case, three convicted felons from Tennessee filed a lawsuit against various state officials challenging a 2006 Tennessee statute that made the restoration of voting rights for people convicted of crimes …

U.S. v. Stewart, No. 07-3003-cr (2nd Cir.) (551 F.3d 187) (January 8, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Traffic Stops

U.S. v. Stewart, No. 07-3003-cr (2nd Cir.) (551 F.3d 187) (January 8, 2009) (Judge Jose A. Cabranes) by Reasonable suspicion of a traffic violation provides a sufficient basis under the Fourth Amendment for law enforcement officers to make a traffic stop. In a prosecution for being a felon in possession …

U.S. v. Easter, No. 07-2433 (7th Cir.) (553 F.3d 519) (January 16, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Stacking Mandatory Minimum Sentences

U.S. v. Easter, No. 07-2433 (7th Cir.) (553 F.3d 519) (January 16, 2009) (Per Curiam) by U.S. v. Williams, 558 F.3d 116 (2nd Cir. Mar. 3, 2009) (Judge Pooler) U.S. v. Easter, 553 F.3d 519 (7th Cir. Jan. 16, 2009) (Per Curiam) These two decisions relate to the meaning and …

U.S. v. Irving, No. 07-1312-cr (2nd Cir.) (554 F.3d 64) (January 28, 2009) (Judge Amalya Lyle Kearse)

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

Filed under: Sentencing, Punch And Jurists

U.S. v. Irving, No. 07-1312-cr (2nd Cir.) (554 F.3d 64) (January 28, 2009) (Judge Amalya Lyle Kearse) by In conviction for receiving and possessing child pornography and traveling outside the U.S. with intent to engage in sexual acts with minors, order declining to resentence defendant is affirmed over claims of …

U.S. v. Farinella, No. 08-1839 (7th Cir.) (558 F.3d 695) (March 12, 2009) (Judge Richard A. Posner)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Farinella, No. 08-1839 (7th Cir.) (558 F.3d 695) (March 12, 2009) (Judge Richard A. Posner) by Rarely does a Federal prosecutor who engages in gross misconduct get named in an appellate court decision. Even more rarely does a prosecutor get excoriated, repeatedly and unmercifully, by an appellate court …

U.S. v. Kelley, No. 06-5536-cr (2nd Cir.) (551 F.3d 171) (January 5, 2009) (Per Curiam)

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

Filed under: Punch And Jurists, Relevance

U.S. v. Kelley, No. 06-5536-cr (2nd Cir.) (551 F.3d 171) (January 5, 2009) (Per Curiam) by A conviction for securities fraud and wire fraud is affirmed where: 1) although the use of bogus account statements to lull defrauded investors is not in and of itself sufficient to establish a securities …

U.S. v. Hayes, No. 07-0063-cr (2nd Cir.) (551 F.3d 138) (December 24, 2008) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Searches - Home/Curtilage

U.S. v. Hayes, No. 07-0063-cr (2nd Cir.) (551 F.3d 138) (December 24, 2008) (Judge Roger J. Miner) by Conviction for possession with intent to distribute cocaine is affirmed over a claim of erroneous denial of a motion to suppress based on assertions that: 1) the area of scrub brush where …

U.S. v. White, No. 07-1180-cr (2nd Cir.) (552 F.3d 240) (January 9, 2009) (Judge Debra Ann Livingston)

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

Filed under: Punch And Jurists, Necessity

U.S. v. White, No. 07-1180-cr (2nd Cir.) (552 F.3d 240) (January 9, 2009) (Judge Debra Ann Livingston) by A conviction and sentence for being a felon in possession of a firearm is affirmed over claims that: 1) the district court erred in declining to give a jury instruction on the …

U.S. v. Spinelli, No. 99-1344-cr(L) (2nd Cir.) (551 F.3d 159) (December 31, 2008) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists

U.S. v. Spinelli, No. 99-1344-cr(L) (2nd Cir.) (551 F.3d 159) (December 31, 2008) (Judge Pierre N. Leval) by Conviction for conspiracy to commit murder and assault with a dangerous weapon, both for the purpose of increasing and maintaining a position in a racketeering enterprise, and related offenses are affirmed. Although …

U.S. v. Leon, No. 82-1771 (U.S. Supreme Court) (468 U.S. 897; 104 S.Ct. 3405) (July 5, 1984) (Justice White)

Article • January 28, 2009

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Leon, No. 82-1771 (U.S. Supreme Court) (468 U.S. 897; 104 S.Ct. 3405) (July 5, 1984) (Justice White) by In this case the Court modified the exclusionary rule so as not to bar from admission evidence obtained by officers that was "seized in reasonable, good-faith reliance on a search …

U.S. v. Lee, No. 05-1684-cr (L) (2nd Cir.) (549 F.3d 84) (December 3, 2008) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Lee, No. 05-1684-cr (L) (2nd Cir.) (549 F.3d 84) (December 3, 2008) (Judge Charles S. Jr. Haight) by Convictions for murder for hire conspiracy and a separate conviction for being a felon in possession of a firearm are vacated in part, affirmed in part, and remanded in part …

U.S. v. Chavez, No. 05-4679-cr (2nd Cir.) (549 F.3d 119) (December 8, 2008) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Firearms

U.S. v. Chavez, No. 05-4679-cr (2nd Cir.) (549 F.3d 119) (December 8, 2008) (Judge Amalya Lyle Kearse) by Convictions for narcotics conspiracy and possession of a silencer-equipped firearm in furtherance of that conspiracy and imposing consecutive sentences for co-defendant's two offenses are affirmed over claims of error that: 1) the …

Kiyemba v. Obama, No. 08-5424 (D.C. Cir.) (555 F.3d 1022) (February 18, 2009) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists

Kiyemba v. Obama, No. 08-5424 (D.C. Cir.) (555 F.3d 1022) (February 18, 2009) (Judge A. Raymond Randolph) by Here the Court overturned a district court order requiring the immediate release into the United States of 17 Chinese Uighurs who are being held at Guantanamo Bay and who the Government now …

U.S. v. Bullock, No. 07-3059-cr (2nd Cir.) (550 F.3d 247) (December 17, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists

U.S. v. Bullock, No. 07-3059-cr (2nd Cir.) (550 F.3d 247) (December 17, 2008) (Judge Dennis G. Jacobs) by Conviction and sentence under the Armed Career Criminal Act are affirmed where: 1) none of defendant's prior convictions (all from the 1970's) has been expunged or pardoned, and his civil rights had …

U.S. v. Beiermann, No. CR 07-4018-MWB (N.D.Iowa) (599 F.Supp.2d 1087) (February 24, 2009) (Judge Mark W. Bennett)

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

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

U.S. v. Beiermann, No. CR 07-4018-MWB (N.D.Iowa) (599 F.Supp.2d 1087) (February 24, 2009) (Judge Mark W. Bennett) by The proposition propounded by Judge Pratt in U.S. v. Johnson, 588 F.Supp.2d 997 (N.D.Iowa Dec. 4, 2008) - namely that the penalties imposed by U.S.S.G. § 2G2.2 are not the product of …

U.S. v. Johnson, No. 4:07-cr-00127 (S.D.Iowa) (588 F.Supp.2d 997) (December 4, 2008) (Judge Robert W. Pratt)

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

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

U.S. v. Johnson, No. 4:07-cr-00127 (S.D.Iowa) (588 F.Supp.2d 997) (December 4, 2008) (Judge Robert W. Pratt) by Here the Court rejected as unreasonble and excessive the lengthy sentences recommended by the Guidelines for child pornography downloading cases, finding such sentences were unsupported by empirical data and not reflective of the …

U.S. v. Autery, No. 07-30424 (9th Cir.) (555 F.3d 864) (February 13, 2009) (Judge Milan D. Jr. Smith)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Autery, No. 07-30424 (9th Cir.) (555 F.3d 864) (February 13, 2009) (Judge Milan D. Jr. Smith) by The technical issue before the Court in this case was: what is the proper standard of appellate review of sentences in the somewhat rare circumstances where the appellant (in this case …