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U.S. v. Ressam, No. 05-30422 (9th Cir.) (538 F.3d 1166) (August 15, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Ressam, No. 05-30422 (9th Cir.) (538 F.3d 1166) (August 15, 2008) (Per Curiam) by Here, for the second time, the Ninth Circuit threw out the 22-year sentence imposed on Algerian Ahmed Ressam for plotting to bomb Los Angeles International Airport on the eve of the millennium; and it …

U.S. v. Doe, No. 06-4124-cr (2nd Cir.) (537 F.3d 204) (August 13, 2008) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Doe, No. 06-4124-cr (2nd Cir.) (537 F.3d 204) (August 13, 2008) (Judge Denise Cote) by Conviction for being a felon in possession of a firearm is affirmed where the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without conducting an evidentiary …

U.S. v. Huezo, No. 07-0031-cr (2nd Cir.) (546 F.3d 174) (October 10, 2008) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Huezo, No. 07-0031-cr (2nd Cir.) (546 F.3d 174) (October 10, 2008) (Judge John M. Jr. Walker) by Here the Court abrogated, as misleading and inconsistent with the constitution, the prevailing rule that once a conspiracy has been established, only “slight evidence” or evidence that is not “overwhelming” is …

U.S. v. Amato, No. 06-5600-cr(L) (2nd Cir.) (540 F.3d 153) (August 21, 2008) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Attorneys' Fees

U.S. v. Amato, No. 06-5600-cr(L) (2nd Cir.) (540 F.3d 153) (August 21, 2008) (Judge Richard J. Cardamone) by Here the Court examined the context of the expanded restitution coverage contained in the MVRA. [Editor's Note: For a commentary on this decision, see "2nd Circuit: Attorney Fees and Accounting Costs Part …

U.S. v. Davis, No. 05-3784 (6th Cir.) (537 F.3d 611) (August 12, 2008) (Judge Jeffrey S. Sutton)

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

Filed under: Punch And Jurists, Delay/Lateness

U.S. v. Davis, No. 05-3784 (6th Cir.) (537 F.3d 611) (August 12, 2008) (Judge Jeffrey S. Sutton) by Here, on remand from the Supreme Court, the Court held that the district court's second explanation for its sentence, namely a 14-year gap between the defendant's crimes and his second sentencing hearing, …

U.S. v. Marcus, No. 07-4005-cr (2nd Cir.) (538 F.3d 97) (August 14, 2008) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Marcus, No. 07-4005-cr (2nd Cir.) (538 F.3d 97) (August 14, 2008) (Per Curiam) by Conviction and sentence for violation of sex trafficking statute, the forced labor statute, and the Trafficking Victims Protection Act (TVPA) is vacated and the matter is remanded where: 1) district court committed plain error …

Bull v. City and County of San Francisco, No. 05-17080 (9th Cir.) (539 F.3d 1193) (August 22, 2008) (Judge Sidney R. Thomas)

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

Filed under: Strip Searches, Punch And Jurists

Bull v. City and County of San Francisco, No. 05-17080 (9th Cir.) (539 F.3d 1193) (August 22, 2008) (Judge Sidney R. Thomas) by Here a divided panel held that the San Francisco’s Sheriff Department’s blanket policy of strip searching all pretrial detainees, solely because they were classified for housing in …

Doe v. Shurtleff, No. 1:08-CV-64 TC (D.Utah) (2008 U.S. Dist. LEXIS 73787) (September 25, 2008) (Judge Tena Campbell)

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

Filed under: First Amendment, Punch And Jurists

Doe v. Shurtleff, No. 1:08-CV-64 TC (D.Utah) (2008 U.S. Dist. LEXIS 73787) (September 25, 2008) (Judge Tena Campbell) by Here the Court held that a Utah state statute that is based on the Adam Walsh Act and which requires sex offenders to register their Internet screen names and passwords violates …

U.S. v. Gray, No. 07-3636-cr (2nd Cir.) (535 F.3d 128) (July 25, 2008) (Judge Richard C. Wesley)

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

Filed under: Punch And Jurists, Reckless Endangerment

U.S. v. Gray, No. 07-3636-cr (2nd Cir.) (535 F.3d 128) (July 25, 2008) (Judge Richard C. Wesley) by [Editor's Note: For a commentary on this decision, see "Glitter and Begay," by Steve Statsinger, as posted on the Second Circuit Blog at http://circuit2.blogspot.com/2008/07/glitter-and-begay.html on July 30, 2008, as follows: "In New …

U.S. v. Hodson, No. 07-5504 (6th Cir.) (543 F.3d 286) (September 19, 2008) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Inadequacy of Warrant Affidavit

U.S. v. Hodson, No. 07-5504 (6th Cir.) (543 F.3d 286) (September 19, 2008) (Judge Alice M. Batchelder) by The defendant in this interesting search and seizure case, Michael Hodson, entered a conditional guilty plea in the district court for the E.D.Ky. on charges of receiving and possessing child pornography in …

U.S. v. Graziano, No. 07-CR-0508 (JFB) (E.D.N.Y.) (616 F.Supp.2d 350) (September 10, 2008) (Judge Joseph F. Bianco)

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

Filed under: Punch And Jurists

U.S. v. Graziano, No. 07-CR-0508 (JFB) (E.D.N.Y.) (616 F.Supp.2d 350) (September 10, 2008) (Judge Joseph F. Bianco) by Here the Court firmly rejected the Government’s attempt to create a Pinkerton co-conspirator liability out of “double and triple inferences from circumstantial evidence, involving the uncommunicated thought processes of co-conspirators”. Long ago, …

U.S. v. Lemoine, No. 06-50663 (9th Cir.) (546 F.3d 1042) (October 9, 2008) (Judge Richard R. Clifton)

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

Filed under: Punch And Jurists, Changes by the BOP

U.S. v. Lemoine, No. 06-50663 (9th Cir.) (546 F.3d 1042) (October 9, 2008) (Judge Richard R. Clifton) by Here the Court upheld the right of the BOP to increase the schedule of restitution payments under the BOP's Inmate Financial Responsibility Progran without obtaining an order from the sentencing court directing …

U.S. v. Cote, No. 07-1852-cr (2nd Cir.) (544 F.3d 88) (September 24, 2008) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Cote, No. 07-1852-cr (2nd Cir.) (544 F.3d 88) (September 24, 2008) (Judge Sonia Sotomayor) by Here the Court reversed a district court's order granting a JNOV and a new trial to a prison guard who was convicted of violating the civil rights of a pre-trial inmate by brutally …

McKithen v. Brown, No. 02-CV-1670 (JG) (E.D.N.Y.) (565 F.Supp.2d 440) (July 21, 2008) (Judge John Gleeson)

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

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

McKithen v. Brown, No. 02-CV-1670 (JG) (E.D.N.Y.) (565 F.Supp.2d 440) (July 21, 2008) (Judge John Gleeson) by In an important ruling of first impression, Judge Gleeson held that "the Due Process Clause . . . grants a convicted offender access to physical evidence for the purpose of DNA testing if …

U.S. v. Guevara-Umana, No. 07-1410-cr (2nd Cir.) (538 F.3d 139) (August 15, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Guevara-Umana, No. 07-1410-cr (2nd Cir.) (538 F.3d 139) (August 15, 2008) (Per Curiam) by Conviction for illegal reentry to the United States after having been deported subsequent to a conviction for an aggravated felony is affirmed over claims of error that: 1) defendant's pre-indictment detention by immigration authorities …

U.S. v. Lazarenko, No. 06-10592 (9th Cir.) (546 F.3d 593) (September 26, 2008) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Retroactive Misjoinder

U.S. v. Lazarenko, No. 06-10592 (9th Cir.) (546 F.3d 593) (September 26, 2008) (Judge M. Margaret McKeown) by Pavel Lazarenko was a colorful figure in Ukrainian politics who formed multiple business relationships around the world and engaged in a tangled series of business transactions that netted him millions of dollars. …

U.S. v. Klump, No. 06-0339-cr (2nd Cir.) (536 F.3d 113) (August 4, 2008) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Klump, No. 06-0339-cr (2nd Cir.) (536 F.3d 113) (August 4, 2008) (Judge Joseph M. McLaughlin) by [Editor's Note: For a commentary on this decision, see "Second Circuit Affirms Imposition of a Ten-Year Statutory Mandatory Minimum in Place at the Time of the Offense Despite Its Expiration Prior to …

U.S. v. Keller, No. 07-3330-cr (2nd Cir.) (539 F.3d 97) (August 14, 2008) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Kimbroough/Regalado Remands

U.S. v. Keller, No. 07-3330-cr (2nd Cir.) (539 F.3d 97) (August 14, 2008) (Judge Jose A. Cabranes) by Conviction for conspiracy to possess and distribute cocaine base is affirmed and sentence is remanded where the record is unclear as to whether the district court understood that it could impose a …

U.S. v. Valentine, No. 06-5648-cr (2nd Cir.) (539 F.3d 88) (August 5, 2008) (Judge Alan H. Nevas)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Valentine, No. 06-5648-cr (2nd Cir.) (539 F.3d 88) (August 5, 2008) (Judge Alan H. Nevas) by In a criminal proceeding in which defendant plead guilty to being a felon in possession of a firearm, denial of defendant's motion to suppress evidence seized in his apartment after his arrest …

U.S. v. Delossantos, No. 06-4813-cr (2nd Cir.) (536 F.3d 155) (July 25, 2008) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Delossantos, No. 06-4813-cr (2nd Cir.) (536 F.3d 155) (July 25, 2008) (Judge Wilfred Feinberg) by In a prosecution for drug-related offenses, grant of a motion to suppress post-arrest statements and evidence obtained from defendant's apartment and car is reversed where agents had probable cause to arrest defendant based …