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Suarez v. Holder, No. 1:14-CV-968 (M.D.Pa.) ( F.Supp.3d ) (February 18, 2015) (Judge William W. Caldwell)

Article • March 2, 2015 • from P&J March, 2015

Filed under: Punch And Jurists, Felon in Possession Statute

Suarez v. Holder, No. 1:14-CV-968 (M.D.Pa.) ( F.Supp.3d ) (February 18, 2015) (Judge William W. Caldwell) by In District of Columbia v. Heller, 554 U.S., 570 (2008), the Supreme Court’s landmark decision on the scope of the Second Amendment, it wrote in part: “Like most rights, the right secured by …

U.S. v. Keele, No. 12-10551 (5th Cir.) (755 F.3d 752) (June 2, 2014) (Judge Carl E. Stewart)

Article • October 20, 2014 • from P&J October, 2014

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Keele, No. 12-10551 (5th Cir.) (755 F.3d 752) (June 2, 2014) (Judge Carl E. Stewart) by The issue before the Court in this case was whether a general appeal waiver provision bars a challenge to a restitution order; and, in addressing that question, the Court noted that it …

U.S. v. Zaleski, No. 11-660-cr (L) (2nd Cir.) (686 F.3d 90) (July 13, 2012) (Judge Raymond J. Jr. Lohier)

Article • August 6, 2012 • from P&J August, 2012

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Zaleski, No. 11-660-cr (L) (2nd Cir.) (686 F.3d 90) (July 13, 2012) (Judge Raymond J. Jr. Lohier) by The defendant in this case, Alan Zaleski, owned and kept at his home in Berlin, CT, a large cache of firearms, ammunition and explosives. Although most of those weapons were …

U.S. v. Bansal, No. 06-1370 (3rd Cir.) (663 F.3d 634) (December 14, 2011) (Judge Ruggero J. Aldisert)

Article • January 9, 2012 • from P&J January, 2012

Filed under: Punch And Jurists, Appeals/Appellate Jurisdiction

U.S. v. Bansal, No. 06-1370 (3rd Cir.) (663 F.3d 634) (December 14, 2011) (Judge Ruggero J. Aldisert) by

U.S. v. Buissereth, No. 09-5358-cr (2nd Cir.) (638 F.3d 114) (March 15, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Buissereth, No. 09-5358-cr (2nd Cir.) (638 F.3d 114) (March 15, 2011) (Judge Jose A. Cabranes) by [Editor's Note: For a commentary on this decision, see "Thoroughly Unappealing," by Steve Statsinger, as posted on the Second Circuit Blog on March 20, 2011 at http://circuit2.blogspot.com/2011/03/thoroughly-unappealing.html as follows: This decision found …

U.S. v. Thorn, No. 11-37-cr (L) (2nd Cir.) (659 F.3d 227) (October 20, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Thorn, No. 11-37-cr (L) (2nd Cir.) (659 F.3d 227) (October 20, 2011) (Judge Reena Raggi) by In cross-appeals from a judgment of the district court vacating a money laundering conspiracy conviction in light of US v. Santos, judgment is reversed where defendant's challenge to the "proceeds" element of …

U.S. v. Kulick, No. 09-3833 (3rd Cir.) (629 F.3d 165) (December 29, 2010) (Judge D. Michael Fisher)

Article • March 21, 2011 • from P&J March, 2011

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Kulick, No. 09-3833 (3rd Cir.) (629 F.3d 165) (December 29, 2010) (Judge D. Michael Fisher) by Anytime a court limits the scope and reach of the ubiquitous and far-reaching tentacles of the Guidelines’ “relevant conduct” provisions, that is a noteworthy ruling. And that is precisely what the Third …

U.S. v. Barton, No. 09-2211 (3rd Cir.) (633 F.3d 168) (March 4, 2011) (Judge Thomas Michael Hardiman)

Article • March 7, 2011 • from P&J March, 2011

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Barton, No. 09-2211 (3rd Cir.) (633 F.3d 168) (March 4, 2011) (Judge Thomas Michael Hardiman) by In this decision, the Third Circuit set forth one of the most detailed and thoughtful analyses we have seen to date of an “as applied” challenge to the constitutionality of the Federal …

U.S. v. Arevalo, No. 09-0576-cr (2nd Cir.) (628 F.3d 93) (December 21, 2010) (Judge Chester J. Straub)

Article • December 1, 2010

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Arevalo, No. 09-0576-cr (2nd Cir.) (628 F.3d 93) (December 21, 2010) (Judge Chester J. Straub) by Defendant's appeal from his convictions for conspiracy to commit murder in aid of racketeering, and of using a firearm during a crime of violence, is dismissed where defendant's claim of Federal Rule …

U.S. v. Johnson, No. 08-5245-cr (2nd Cir.) (616 F.3d 85) (August 2, 2010) (Judge Jose A. Cabranes)

Article • October 1, 2010

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Johnson, No. 08-5245-cr (2nd Cir.) (616 F.3d 85) (August 2, 2010) (Judge Jose A. Cabranes) by Defendant's sentence for being a felon in possession of a firearm is affirmed where a violation of Connecticut General Statute section 53a-179b (Rioting at a correctional institution) qualified as a "violent felony" …

U.S. v. Williams, No. 09-3174 (7th Cir.) (616 F.3d 685) (August 5, 2010) (Judge Michael S. Kanne)

Article • August 9, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Williams, No. 09-3174 (7th Cir.) (616 F.3d 685) (August 5, 2010) (Judge Michael S. Kanne) by Here the Court rejected a Second Amendment challenge to the constitutional validity of 18 U.S.C. § 922(g)(1), which bars all convicted felons from possessing firearms, but suggested that a challenge to that …

U.S. v. Woltmann, No. 10-413 (2nd Cir.) (610 F.3d 37) (July 6, 2010) (Judge Dennis G. Jacobs)

Article • August 1, 2010

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Woltmann, No. 10-413 (2nd Cir.) (610 F.3d 37) (July 6, 2010) (Judge Dennis G. Jacobs) by In a tax fraud prosecution, the government's motion to dismiss defendant's appeal from his sentence is denied, and the sentence is vacated, where the appeal waiver provision of defendant's plea agreement was …

U.S. v. Brown, No. 06-cr-071-1-2-SM (D.N.H.) (754 F.Supp.2d 311) (April 9, 2010) (Judge Steven J. McAuliffe)

Article • May 3, 2010 • from P&J May, 2010

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Brown, No. 06-cr-071-1-2-SM (D.N.H.) (754 F.Supp.2d 311) (April 9, 2010) (Judge Steven J. McAuliffe) by Here the Court rejected the Government’s patently absurd proposition that a person who is convicted of a non-firearms related felony can no longer divest himself of legal title to any firearms he legally …

U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (553 F.3d 161) (January 9, 2009) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (553 F.3d 161) (January 9, 2009) (Judge Jose A. Cabranes) by An appeal from a conviction for distribution and possession of marijuana and conspiracy to distribute marijuana is held in abeyance as the issues raised on defendant's Federal Rule of Criminal Procedure 33 …

U.S. v. Goodson, No. 06-4895 (3rd Cir.) (544 F.3d 529) (October 16, 2008) (Judge D. Brooks Smith)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Goodson, No. 06-4895 (3rd Cir.) (544 F.3d 529) (October 16, 2008) (Judge D. Brooks Smith) by In this lengthy decision, the Court addressed a series of issues relating to the enforceability of appeal waiver provisions and held, in part, that a broad appeal waiver provision precludes subsequent challenges …

U.S. v. Medina-Beltran, No. 06-10181 (9th Cir.) (542 F.3d 729) (September 5, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Medina-Beltran, No. 06-10181 (9th Cir.) (542 F.3d 729) (September 5, 2008) (Per Curiam) by With scant analysis and even less factual background, a panel from the Ninth Circuit has held that the Government can properly decline to move for an additional one-level acceptance of responsibility sentence reduction under …

U.S. v. Lee, No. 06-4933-cr (2nd Cir.) (523 F.3d 104) (April 17, 2008) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Lee, No. 06-4933-cr (2nd Cir.) (523 F.3d 104) (April 17, 2008) (Judge Jose A. Cabranes) by In a prosecution for drug-related offenses wherein defendant entered a plea agreement, appeal of sentence is dismissed where the appeal waiver set forth in defendant's plea agreement was valid and enforceable. [Editor's …

U.S. v. Cooper, No. 06-6309 (10th Cir.) (498 F.3d 1156) (August 21, 2007) (Judge Paul J. Jr. Kelly)

Article • October 1, 2007 • from P&J October, 2007

Filed under: Punch And Jurists, Appeals of Restitution Order

U.S. v. Cooper, No. 06-6309 (10th Cir.) (498 F.3d 1156) (August 21, 2007) (Judge Paul J. Jr. Kelly) by In a case of first impression for the Tenth Circuit, the Court held that a general waiver of the right to appeal a “sentence” includes the right to challenge all aspects …

U.S. v. Castillo, No. 05-30401 (9th Cir.) (496 F.3d 947) (July 25, 2007) (Judge Jay S. Bybee)

Article • June 1, 2007 • from P&J June, 2007

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Castillo, No. 05-30401 (9th Cir.) (496 F.3d 947) (July 25, 2007) (Judge Jay S. Bybee) by In a prior ruling reported at U.S. v. Jacobo Castillo, 464 F.3d 988 (9th Cir. June 7, 2006), a panel from the Ninth Circuit held that where defendant unconditionally pleads guilty to …

U.S. v. Johnson, No. 05-10708 (9th Cir.) (459 F.3d 990) (August 29, 2006) (Judge Diarmuid F. O'Scannlain)

Article • September 1, 2006 • from P&J September, 2006

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Johnson, No. 05-10708 (9th Cir.) (459 F.3d 990) (August 29, 2006) (Judge Diarmuid F. O'Scannlain) by In this case, the Court was asked to decide whether there exists an "innocent possession" defense that would excuse a defendant for being a felon in possession of a firearm if he …