Search | Punch and Jurists

U.S. v. Smith, No. 06-CR-173 (JBW) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 83604) (October 20, 2008) (Judge Jack B. Weinstein)

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

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

U.S. v. Smith, No. 06-CR-173 (JBW) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 83604) (October 20, 2008) (Judge Jack B. Weinstein) by This is a short, but notable and potentially very useful, sentencing decision in which Judge Weinstein explained his reasons for departing from a Guidelines sentence of 235 months to a …

U.S. v. Brooks, No. 07-CR-00187 (CPS) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 85658) (October 23, 2008) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists, Confinement in Segregated Housing

U.S. v. Brooks, No. 07-CR-00187 (CPS) (E.D.N.Y.) (2008 U.S. Dist. LEXIS 85658) (October 23, 2008) (Judge Charles P. Sifton) by Here the Court granted a rare post-sentencing, Rule 35 motion and ordered a reduction in the defendant’s sentence based on the unusually severe conditions of his presentence confinement in solitary …

Humphries v. County of Los Angeles, No. 05-56467 (9th Cir.) (547 F.3d 1117) (November 5, 2008) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, Child Abuse/Abusers

Humphries v. County of Los Angeles, No. 05-56467 (9th Cir.) (547 F.3d 1117) (November 5, 2008) (Judge Jay S. Bybee) by In this case, Craig and Wendy Humphries were accused of abuse by a rebellious 15-year-old daughter. They were arrested and charged with felony torture against their daughter and several …

U.S. v. Ali, No. 06-cr-200 (ENV) (E.D.N.Y.) (561 F.Supp.2d 296) (June 24, 2008) (Judge Eric N. Vitaliano)

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

Filed under: Punch And Jurists, Fictitious Payee Rule

U.S. v. Ali, No. 06-cr-200 (ENV) (E.D.N.Y.) (561 F.Supp.2d 296) (June 24, 2008) (Judge Eric N. Vitaliano) by Defendants were indicted for offenses related to operating an unlicensed money transmitting business and the evasion of monetary instrument exportation reporting requirements. Defendants moved in limine to exclude evidence of checks made …

Hedgpeth v. Pulido, No. 07-544 (U.S. Supreme Court) (555 U.S. 57; 129 S.Ct. 530) (December 2, 2008) (Per Curiam)

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

Filed under: Punch And Jurists

Hedgpeth v. Pulido, No. 07-544 (U.S. Supreme Court) (555 U.S. 57; 129 S.Ct. 530) (December 2, 2008) (Per Curiam) by Here the Court held that a conviction based on jury instructions containing more than one theory of guilt, one of which was invalid, should not automatically be reversed as a …

U.S. v. Anderson, No. 07-3654 (7th Cir.) (547 F.3d 831) (November 5, 2008) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Appointment of

U.S. v. Anderson, No. 07-3654 (7th Cir.) (547 F.3d 831) (November 5, 2008) (Judge Richard A. Posner) by In another of his frequent dogmatic musings, Judge Posner has delved into two different aspects of the defense of diminished mental capacity in this decision. First, he virtually dismissed the limitation contained …

U.S. v. Williams, No. 06-50599 (9th Cir.) (547 F.3d 1188) (November 6, 2008) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists

U.S. v. Williams, No. 06-50599 (9th Cir.) (547 F.3d 1188) (November 6, 2008) (Judge Jay S. Bybee) by Here the Court held that once a juror clearly discloses to the district court that she disagrees with the rest of the jury and cannot return a different verdict, it is reversible …

U.S. v. Losovsky, No. 06 Cr. 857 (S.D.N.Y.) (571 F.Supp.2d 545) (August 4, 2008) (Judge Victor Marrero)

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

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

U.S. v. Losovsky, No. 06 Cr. 857 (S.D.N.Y.) (571 F.Supp.2d 545) (August 4, 2008) (Judge Victor Marrero) by This decision is principally noted for Judge Marrero’s his extended discussion of some of the “vexing difficulties” that judges confront when attempting to formulate a just sentence for a defendant who cooperates …

U.S. v. Yannotti, No. 06-5571-cr (2nd Cir.) (541 F.3d 112) (September 4, 2008) (Judge Barrington D. Jr. Parker)

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

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

U.S. v. Yannotti, No. 06-5571-cr (2nd Cir.) (541 F.3d 112) (September 4, 2008) (Judge Barrington D. Jr. Parker) by While the Apprendi/Booker/Gall line of cases has unquestionably done much to eliminate some of the irrationality from the rigid sentencing scheme that existed during the mandatory era of the Guidelines, there …

U.S. v. Woods, No. 07-51491 (5th Cir.) (547 F.3d 515) (October 28, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Residency Restrictions

U.S. v. Woods, No. 07-51491 (5th Cir.) (547 F.3d 515) (October 28, 2008) (Per Curiam) by A special condition of supervised release forbidding the defendant from residing with any person to whom she is not married or related by blood was overly broad and involved a greater deprivation of liberty …

U.S. v. Ali, No. 1:06-cr-200 (ENV) (E.D.N.Y.) (561 F.Supp.2d 265) (March 7, 2008) (Judge Eric N. Vitaliano)

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

Filed under: Punch And Jurists, Factual Impossibility

U.S. v. Ali, No. 1:06-cr-200 (ENV) (E.D.N.Y.) (561 F.Supp.2d 265) (March 7, 2008) (Judge Eric N. Vitaliano) by

U.S. v. Joseph, No. 06-5911-cr (2nd Cir.) (542 F.3d 13) (September 9, 2008) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Confrontation Clause/Rights

U.S. v. Joseph, No. 06-5911-cr (2nd Cir.) (542 F.3d 13) (September 9, 2008) (Judge Jon O. Newman) by Conviction for using the Internet to solicit a person defendant believed to be a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b), is vacated and case is …

U.S. v. Seljan, No. 05-50236 (9th Cir.) (547 F.3d 993) (October 23, 2008) (Judge Richard R. Clifton)

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

Filed under: Punch And Jurists, Foreign Delivery

U.S. v. Seljan, No. 05-50236 (9th Cir.) (547 F.3d 993) (October 23, 2008) (Judge Richard R. Clifton) by Here, over a strong dissent by Judge Kozinski, the en banc court, by a vote of 10-1, expanded the border search doctrine to include personal correspondence contained in FedEx packages addressed for …

U.S. v. Clanton, No. 07-1773 (7th Cir.) (538 F.3d 652) (August 14, 2008) (Judge John Daniel Tinder)

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

Filed under: Punch And Jurists, Gang Affiliation

U.S. v. Clanton, No. 07-1773 (7th Cir.) (538 F.3d 652) (August 14, 2008) (Judge John Daniel Tinder) by One of the several issues raised in this appeal was whether a criminal defendant has a due process right to a presentence report (“PSR”) that does not contain “materially untrue, inaccurate or …

U.S. v. Farley, No. 1:07-CR-196-BBM (N.D.Ga.) (2008 U.S. Dist. LEXIS 104437) (September 2, 2008) (Judge Beverly B. Martin)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Farley, No. 1:07-CR-196-BBM (N.D.Ga.) (2008 U.S. Dist. LEXIS 104437) (September 2, 2008) (Judge Beverly B. Martin) by Here the Court held that a 30-year mandatory minimum sentence required under a provision of the Adam Walsh Act was so grossly disproportionate to the defendant’s crime as to constitute cruel …

U.S. v. Dicus, No. CR-07-32-MWB (N.D.Iowa) (579 F.Supp.2d 1142) (September 24, 2008) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Dicus, No. CR-07-32-MWB (N.D.Iowa) (579 F.Supp.2d 1142) (September 24, 2008) (Judge Mark W. Bennett) by Judge Bennett has written another compelling and fascinating decision in which he explained his rationale for reducing a defendant’s sentence “as a sanction for the prosecution’s serious breach of the defendant’s plea agreement.” …

U.S. v. Thurston, No. 05-2271 (1st Cir.) (544 F.3d 22) (October 2, 2008) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Post Gall/Kimbrough

U.S. v. Thurston, No. 05-2271 (1st Cir.) (544 F.3d 22) (October 2, 2008) (Judge Jeffrey R. Howard) by Here, after two prior reversals and two prior remands from the Supreme Court, the First Circuit finally grudgingly approved a 30-month sentence in a Medicare fraud case due to the post-Gall command …

U.S. v. Ogando, No. 05-0236-cr (L) (2nd Cir.) (547 F.3d 102) (October 20, 2008) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Ogando, No. 05-0236-cr (L) (2nd Cir.) (547 F.3d 102) (October 20, 2008) (Judge Guido Calabresi) by Here, after the defendant had completed serving his 30 month sentence for drug crimes, the Second Circuit vacated his four convictions finding that the evidence was insufficient "as a matter or law" …

Wyoming Ex Rel. Crank v. U.S., No. 07-8046 (10th Cir.) (539 F.3d 1236) (August 26, 2008) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Restoration of Civil Rights

Wyoming Ex Rel. Crank v. U.S., No. 07-8046 (10th Cir.) (539 F.3d 1236) (August 26, 2008) (Judge David M. Ebel) by This decision is another example of how the lower Federal courts seem unwilling to expand upon the Supreme Court’s recent landmark Second Amendment decision in District of Columbia v. …

Ventry v. U.S., No. 06-3104-pr (2nd Cir.) (539 F.3d 102) (August 15, 2008) (Judge Richard C. Wesley)

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

Filed under: Punch And Jurists, Conflict of Interest

Ventry v. U.S., No. 06-3104-pr (2nd Cir.) (539 F.3d 102) (August 15, 2008) (Judge Richard C. Wesley) by Denial of petition for writ of habeas corpus, based on a claim that ineffective counsel led to his conviction for attempted armed robbery, is vacated where attorneys, one or both whom may …