Search | Punch and Jurists

U.S. v. Lopez, No. 06-3730-cr (2nd Cir.) (547 F.3d 364) (November 10, 2008) (Judge Pierre N. Leval)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Lopez, No. 06-3730-cr (2nd Cir.) (547 F.3d 364) (November 10, 2008) (Judge Pierre N. Leval) by Conviction for possession of cocaine with intent to distribute and possession of two firearms in furtherance of a drug trafficking crime is affirmed where: 1) the district court did not err in …

Nelson v. U.S., No. 08-5657 (U.S. Supreme Court) (555 U.S. 350; 129 S.Ct. 890) (January 26, 2009) (Per Curiam)

Article • December 1, 2008 • from P&J January, 2009

Filed under: Punch And Jurists, Post Gall/Kimbrough

Nelson v. U.S., No. 08-5657 (U.S. Supreme Court) (555 U.S. 350; 129 S.Ct. 890) (January 26, 2009) (Per Curiam) by Lawrence Nelson was convicted of one count of conspiracy to distribute and to possess with intent to distribute more than 50 grams of cocaine base. The District Court calculated Nelson's …

Van de Kamp v. Goldstein, No. 07-854 (U.S. Supreme Court) (555 U.S. 335; 129 S.Ct. 855) (January 26, 2009) (Justice Breyer)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Supervising District Attorneys

Van de Kamp v. Goldstein, No. 07-854 (U.S. Supreme Court) (555 U.S. 335; 129 S.Ct. 855) (January 26, 2009) (Justice Breyer) by In a decision relating to the availability of immunity in civil rights actions for damages under 42 U.S.C. § 1983, the Supreme Court unanimously held that a California …

Hartline v. Gallo, No. 06-5309-cv (2nd Cir.) (546 F.3d 95) (October 8, 2008) (Judge Richard C. Wesley)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Strip Searches, Punch And Jurists

Hartline v. Gallo, No. 06-5309-cv (2nd Cir.) (546 F.3d 95) (October 8, 2008) (Judge Richard C. Wesley) by Editor's Note: For a commentary on this decision, see "Southampton strip-search may violate the Constitution," by Stephen Bergstein, as posted on the Second Circuit Civil Rights Blog on Oct. 8, 2008 at …

Alsol v. Mukasey, No. 07-2068-ag (L) (2nd Cir.) (548 F.3d 207) (November 14, 2008) (Judge Chester J. Straub)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Aggravated Felonies

Alsol v. Mukasey, No. 07-2068-ag (L) (2nd Cir.) (548 F.3d 207) (November 14, 2008) (Judge Chester J. Straub) by Petitions for review of decisions canceling removal are granted and orders of the Board of Immigration Appeals are vacated where: 1) a second conviction for simple controlled substance possession under state …

Aris v. Mukasey, No. 07-1211-ag (2nd Cir.) (517 F.3d 595) (February 20, 2008) (Judge Robert A. Katzmann)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Aris v. Mukasey, No. 07-1211-ag (2nd Cir.) (517 F.3d 595) (February 20, 2008) (Judge Robert A. Katzmann) by For a commentary on this decision, see "Case Highlights Ineffective Legal Services for Immigrants," by Mark Hamblett, as published in the New York Law Journal on February 21, 2008, as follows: Judge …

U.S. v. Ojeikere, No. 07-1970-cr(L) (2nd Cir.) (545 F.3d 220) (October 7, 2008) (Judge Guido Calabresi)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Role in the Offense

U.S. v. Ojeikere, No. 07-1970-cr(L) (2nd Cir.) (545 F.3d 220) (October 7, 2008) (Judge Guido Calabresi) by Conviction and sentence for wire fraud and conspiracy to commit wire fraud are affirmed where: 1) the defendant managed and supervised his female criminal accomplice, and, therefore, a two-level enhancement is warranted under …

U.S. v. Kapelioujnyj, No. 07-3353-cr (2nd Cir.) (547 F.3d 149) (October 22, 2008) (Judge Barrington D. Jr. Parker)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists

U.S. v. Kapelioujnyj, No. 07-3353-cr (2nd Cir.) (547 F.3d 149) (October 22, 2008) (Judge Barrington D. Jr. Parker) by Conviction for conspiracy to sell stolen property is reversed where: 1) the government failed to prove that the defendant believed that the stolen property was worth at least five thousand dollars; …

Castaneda v. U.S., No. 08-55684 (9th Cir.) (546 F.3d 682) (October 2, 2008) (Judge Milan D. Jr. Smith)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Medical Care/Treatment

Castaneda v. U.S., No. 08-55684 (9th Cir.) (546 F.3d 682) (October 2, 2008) (Judge Milan D. Jr. Smith) by

In Re: Salomon Analyst Metromedia Litigation, No. 06-3225-cv (2nd Cir.) (544 F.3d 474) (September 30, 2008) (Judge Rosemary S. Pooler)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Civil Remedies

In Re: Salomon Analyst Metromedia Litigation, No. 06-3225-cv (2nd Cir.) (544 F.3d 474) (September 30, 2008) (Judge Rosemary S. Pooler) by [Editor's Note: For a commentary on this decision, see "2nd Circuit: Analysts Bound by Same Liability Presumption as Issuers for 'Fraud on Market'," by Mark Hamblett, as published in …

U.S. v. Paull, No. 07-3482 (6th Cir.) (551 F.3d 516) (January 9, 2009) (Judge Danny J. Boggs)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Paull, No. 07-3482 (6th Cir.) (551 F.3d 516) (January 9, 2009) (Judge Danny J. Boggs) by Jerry Paull, a 65 year-old, retired minister, who suffered from a broad range of both physical and mental ailments, pled guilty to four counts of knowing possession of child pornography, in violation …

U.S. v. Figueroa, No. 06-1595-cr (2nd Cir.) (548 F.3d 222) (November 18, 2008) (Judge Robert D. Sack)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Limitations, Punch And Jurists

U.S. v. Figueroa, No. 06-1595-cr (2nd Cir.) (548 F.3d 222) (November 18, 2008) (Judge Robert D. Sack) by Conviction for unlawfully possessing a firearm is affirmed where: 1) the trial court violated defendant's right under the Confrontation Clause of the Sixth Amendment when it prohibited defense counsel from cross-examining a …

U.S. v. Massino, No. 07-1618-cr (2nd Cir.) (546 F.3d 123) (October 10, 2008) (Per Curiam)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Massino, No. 07-1618-cr (2nd Cir.) (546 F.3d 123) (October 10, 2008) (Per Curiam) by Conviction and sentence for conspiring to racketeer, illegal gambling, and conspiring to collect credit through extortionate means is affirmed where: 1) though lower court erred in admitting certain testimony by a witness and his …

U.S. v. Comstock, No. 07-7671 (4th Cir.) (551 F.3d 274) (January 8, 2009) (Judge Diana Gribbon Motz)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Comstock, No. 07-7671 (4th Cir.) (551 F.3d 274) (January 8, 2009) (Judge Diana Gribbon Motz) by Here the Fourth Circuit became the first Federal appellate court to hold that the civil commitment provisions of the Adam Walsh Child Protection and Safety Act (18 U.S.C. § 4248) are unconstitutional …

U.S. v. Padilla, No. 07-5359-cr (2nd Cir.) (548 F.3d 179) (December 2, 2008) (Judge John F. Keenan)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Limitations, Punch And Jurists

U.S. v. Padilla, No. 07-5359-cr (2nd Cir.) (548 F.3d 179) (December 2, 2008) (Judge John F. Keenan) by Conviction for possession of a firearm by a convicted felon is affirmed over claims of error that: 1) the district court erred in concluding that police had reasonable suspicion to stop and …

Doody v. Schriro, No. 06-17161 (9th Cir.) (548 F.3d 847) (November 20, 2008) (Judge Marsha L. Berzon)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Miranda

Doody v. Schriro, No. 06-17161 (9th Cir.) (548 F.3d 847) (November 20, 2008) (Judge Marsha L. Berzon) by

U.S. v. Hanson, No. 07-CR-330 (E.D.Wisc.) (561 F.Supp.2d 1004) (June 20, 2008) (Judge Lynn S. Adelman)

Article • December 1, 2008 • from P&J December, 2008

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

U.S. v. Hanson, No. 07-CR-330 (E.D.Wisc.) (561 F.Supp.2d 1004) (June 20, 2008) (Judge Lynn S. Adelman) by Here Judge Adelman sharply criticized the harsh penalties called for by U.S.S.G. § 2G2.2, and presented a compelling case for the proposition that § 2G2.2 "is not representative of the Commission's typical role …

U.S. v. Worjloh, No. 06-3129-cr (2nd Cir.) (546 F.3d 104) (October 8, 2008) (Per Curiam)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists

U.S. v. Worjloh, No. 06-3129-cr (2nd Cir.) (546 F.3d 104) (October 8, 2008) (Per Curiam) by Conviction for conspiring to distribute cocaine base and possessing with intent to distribute is affirmed and sentence is vacated and remanded where: 1) federal prosecutors did not seek to offer any evidence obtained by …

Arriaga v. Mukasey, No. 07-1148-ag (2nd Cir.) (521 F.3d 219) (March 27, 2008) (Judge Dennis G. Jacobs)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Arriaga v. Mukasey, No. 07-1148-ag (2nd Cir.) (521 F.3d 219) (March 27, 2008) (Judge Dennis G. Jacobs) by Petition for review of BIA's final order of removal on the basis of petitioner's conviction for the offense of stalking is denied where the stalking provision of the removal statute (18 U.S.C. …

In Re: Guantanamo Bay Detainee Litigation, No. 95-1509 (RMU) (D.D.C.) (581 F.Supp.2d 33) (October 8, 2008) (Judge Ricardo M. Urbina)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists

In Re: Guantanamo Bay Detainee Litigation, No. 95-1509 (RMU) (D.D.C.) (581 F.Supp.2d 33) (October 8, 2008) (Judge Ricardo M. Urbina) by For some commentaries on this decision, see: • "Court Orders Release of 17 Innocent Guantanamo Detainees into U.S.," a press release posted on the website for the Center for …