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U.S. v. Arroyo, No. 07-2423 (1st Cir.) (546 F.3d 54) (October 27, 2008) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Arroyo, No. 07-2423 (1st Cir.) (546 F.3d 54) (October 27, 2008) (Judge Michael Boudin) by The defendant, Heriberto Arroyo, a former police officer in Worcester, MA, was convicted by a jury on two different drug conspiracy counts. At sentencing, the district court departed upward from a Guideline range …

Sasonov v. U.S., No. Civ. No, 07-2771 (JAG) (D.N.J.) (575 F.Supp.2d 626) (September 9, 2008) (Judge Joseph A. Jr. Greenaway)

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

Filed under: Punch And Jurists, Failure to Inform

Sasonov v. U.S., No. Civ. No, 07-2771 (JAG) (D.N.J.) (575 F.Supp.2d 626) (September 9, 2008) (Judge Joseph A. Jr. Greenaway) by Here the Court held that a trial counsel’s affirmative misrepresentations regarding the immigration consequences of the petitioner’s guilty plea constituted ineffective assistance of counsel and entitled him to vacate …

U.S. v. Levesque, No. 08-1344 (1st Cir.) (546 F.3d 78) (October 30, 2008) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists

U.S. v. Levesque, No. 08-1344 (1st Cir.) (546 F.3d 78) (October 30, 2008) (Judge Sandra L. Lynch) by The defendant in this case, Tammy Levesque, was arrested for speeding in Maine. Because her pickup truck had been under surveillance by Federal agents for participation in a large marijuana distribution operation, …

U.S. v. Salim, No. 04-2643-cr (2nd Cir.) (549 F.3d 67) (December 2, 2008) (Judge John M. Jr. Walker)

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

Filed under: Terrorism, Punch And Jurists

U.S. v. Salim, No. 04-2643-cr (2nd Cir.) (549 F.3d 67) (December 2, 2008) (Judge John M. Jr. Walker) by While awaiting trial for the bombing of the United States embassies in Kenya and Tanzania, the defendant in this case, Mamdouh Salim, a reputed leader of Al Qaeda and a former …

U.S. v. Hassan, No. 05-6949-cr (2nd Cir.) (542 F.3d 968) (September 19, 2008) (Judge Rosemary S. Pooler)

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

Filed under: Due Process, Punch And Jurists

U.S. v. Hassan, No. 05-6949-cr (2nd Cir.) (542 F.3d 968) (September 19, 2008) (Judge Rosemary S. Pooler) by In a case regarding the import and distribution of khat plant, conviction on counts of money laundering are reversed, and convictions for conspiracy to launder money, conspiracy to import cathinone, and conspiracy …

U.S. v. Falso, No. 06-2721-cr (2nd Cir.) (544 F.3d 110) (September 25, 2008) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Falso, No. 06-2721-cr (2nd Cir.) (544 F.3d 110) (September 25, 2008) (Judge Sonia Sotomayor) by Editor's Note: For commentaries on this decision, see • "2nd Circuit Divides Over Warrant in Internet Child Porn Case," by Mark Hamblett, as published in the New York Law Journal, October 1, 2008, …

In re Terrorist Bombings of U.S. Embassies (Fifth Amendment Challenges), No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 177) (November 24, 2008) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Motion Practice

In re Terrorist Bombings of U.S. Embassies (Fifth Amendment Challenges), No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 177) (November 24, 2008) (Judge Jose A. Cabranes) by In re Terrorist Bombings of U.S. Embassies in East Africa (Fifth Amendment Challenges), No. 011535, 011550, 011553, 011571, 056149, 056704 (three decisions) Judgments of …

U.S. v. Robinson, No. 08-10424 (5th Cir.) (542 F.3d 1045) (September 10, 2008) (Judge Thomas M. Reavley)

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

Filed under: Punch And Jurists, Counsel - Right to

U.S. v. Robinson, No. 08-10424 (5th Cir.) (542 F.3d 1045) (September 10, 2008) (Judge Thomas M. Reavley) by Here the Fifth Circuit held that an inmate seeking a sentence reduction under the recent, retroactive crack-cocaine amendment to the Guidelines had a right to the appointment of counsel “in the interest …

U.S. v. Garcia, No. 08 cr 32 (E.D.N.Y.) (2008 U.S. Dist. LEXIS 63804) (August 19, 2008) (Judge Allyne R. Ross)

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

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

U.S. v. Garcia, No. 08 cr 32 (E.D.N.Y.) (2008 U.S. Dist. LEXIS 63804) (August 19, 2008) (Judge Allyne R. Ross) by The failure to tell a defendant of his right under 8 U.S.C. § 1229c to depart the United States voluntarily at his own expense in lieu of being deported …

U.S. v. Cole, No. 5:08-cr-00327 (N.D.Ohio) (622 F.Supp.2d 632) (December 11, 2008) (Judge James S. Gwin)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Cole, No. 5:08-cr-00327 (N.D.Ohio) (622 F.Supp.2d 632) (December 11, 2008) (Judge James S. Gwin) by In explaining his reasons for imposing a below-Guidelines sentence in a white collar crime case, Judge Gwin set forth a comprehensive analysis of the four mandated purposes of sentencing as enunciated in 18 …

U.S. v. Eppolito, No. 06-3280(L) (2nd Cir.) (543 F.3d 25) (September 17, 2008) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Eppolito, No. 06-3280(L) (2nd Cir.) (543 F.3d 25) (September 17, 2008) (Judge Amalya Lyle Kearse) by A judgment of acquittal after conviction for racketeering conspiracy is reversed where: 1) given the level of generality at which the indictment alleged the principal purpose of the RICO enterprise, the evidence, …

U.S. v. Triumph Capital Group, Inc., No. 06-4970-cr (2nd Cir.) (544 F.3d 149) (September 25, 2008) (Judge John Gleeson)

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

Filed under: Punch And Jurists

U.S. v. Triumph Capital Group, Inc., No. 06-4970-cr (2nd Cir.) (544 F.3d 149) (September 25, 2008) (Judge John Gleeson) by Conviction and sentence for charges related to racketeering and obstruction of justice are affirmed in part, reversed in part, and remanded where: 1) the evidence was sufficient to sustain the …

Moore v. U.S., No. 07-10689 (U.S. Supreme Court) (555 U.S. 1; 129 S.Ct. 4) (October 14, 2008) (Per Curiam)

Article • October 17, 2008

Filed under: Punch And Jurists

Moore v. U.S., No. 07-10689 (U.S. Supreme Court) (555 U.S. 1; 129 S.Ct. 4) (October 14, 2008) (Per Curiam) by Sentence for possession of cocaine base with intent to distribute is reversed and the case remanded where the district court's statements during sentencing showed that it did not think it …

U.S. v. Riggi, No. 06-1280-cr (2nd Cir.) (541 F.3d 94) (September 4, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Riggi, No. 06-1280-cr (2nd Cir.) (541 F.3d 94) (September 4, 2008) (Judge Dennis G. Jacobs) by Conviction on charges arising out of involvement in an organized crime family, including racketeering, murder and related conspiracies, is vacated and remanded where admission of eight plea allocutions of non-testifying co-conspirators amounted …

U.S. v. Mejia, No. 05-2856-cr (2nd Cir.) (545 F.3d 179) (October 6, 2008) (Judge Peter W. Hall)

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

Filed under: Punch And Jurists, Officer Expert Testimony

U.S. v. Mejia, No. 05-2856-cr (2nd Cir.) (545 F.3d 179) (October 6, 2008) (Judge Peter W. Hall) by This is an important decision in which the Second Circuit placed some needed limitations on the ever-expanding use of so-called “officer expert” testimony - i.e., testimony by a police officer or agent …

U.S. v. Gardellini, No. 07-3089 (D.C. Cir.) (545 F.3d 1089) (November 14, 2008) (Judge Brett M. Kavanaugh)

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

Filed under: Punch And Jurists, Post Booker (Non-Guidelines Sentences)

U.S. v. Gardellini, No. 07-3089 (D.C. Cir.) (545 F.3d 1089) (November 14, 2008) (Judge Brett M. Kavanaugh) by Gus Gardellini was clearly the beneficiary of the softer and more pliable sentencing approach that is gradually beginning to trickle down to the lower courts in the wake of the Supreme Court’s …

U.S. v. Glynn, No. 06 Cr. 580 (JSR) (S.D.N.Y.) (578 F.Supp.2d 567) (September 22, 2008) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Ballistics Evidence

U.S. v. Glynn, No. 06 Cr. 580 (JSR) (S.D.N.Y.) (578 F.Supp.2d 567) (September 22, 2008) (Judge Jed S. Rakoff) by This is an important and erudite decision that raises significant questions regarding both the scientific accuracy and the admissibility of ballistics evidence at criminal trials. The decision builds on a …

U.S. v. Stein, No. 07-3042-cr (2nd Cir.) (541 F.3d 130) (August 28, 2008) (Judge Dennis G. Jacobs)

Article • October 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, The Thompson Memorandum

U.S. v. Stein, No. 07-3042-cr (2nd Cir.) (541 F.3d 130) (August 28, 2008) (Judge Dennis G. Jacobs) by Here the Court affirmed the dismissal of indictments against 13 defendants, all former employees of KPMG, based on prosecutorial misconduct that resulted in the effective denial of the defendants’ Sixth Amendment rights …

U.S. v. Santos, No. 06-0833-cr (2nd Cir.) (541 F.3d 63) (September 2, 2008) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Murder/Felony Murder

U.S. v. Santos, No. 06-0833-cr (2nd Cir.) (541 F.3d 63) (September 2, 2008) (Judge Robert D. Sack) by Conviction for murder while engaging in a drug offense is affirmed where: 1) because some drug conspiracies in violation of 21 U.S.C. § 846 are "punishable under" § 841(b)(1)(A), criminal liability under …

Al-Aqeel v. Paulson, No. Civ. No. 05-943 (GK) (D.D.C.) (568 F.Supp.2d 64) (August 4, 2008) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, Office of Foreign Assets Control (OFAC)

Al-Aqeel v. Paulson, No. Civ. No. 05-943 (GK) (D.D.C.) (568 F.Supp.2d 64) (August 4, 2008) (Judge Gladys Kessler) by This is one of the first cases we have seen that has addressed some of the far-reaching, but largely-unnoticed, powers given to a new anti-terrorist office within the Treasury Department in …