Search | Punch and Jurists

U.S. v. Canfield, No. 17-2199 (7th Cir.) (893 F.3d 491) (June 25, 2018) (Judge John Z. Lee)

Article • September 24, 2018 • from P&J September, 2018

Filed under: Punch And Jurists, Notification Provision

U.S. v. Canfield, No. 17-2199 (7th Cir.) (893 F.3d 491) (June 25, 2018) (Judge John Z. Lee) by This decision addresses a challenge to the use of the Guidelines Standard Condition No. 12 set forth in U.S.S.G. § 5B1.3 - the so-called Notification Provision - a vague and frequently debated …

Brown, No. 15-3056 (D.C. Cir.) (892 F.3d 385) (June 15, 2018) (Per Curiam)

Article • August 20, 2018 • from P&J August, 2018

Filed under: Punch And Jurists, Constitutional Challenges

Brown, No. 15-3056 (D.C. Cir.) (892 F.3d 385) (June 15, 2018) (Per Curiam) by In this case, a panel from the D.C. Circuit affirmed the convictions of four defendants (three by jury trial and one by plea) for various crimes associated with the unlawful distribution of PCP; but the panel …

Sessions v. Dimaya, No. 15-1498 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1204) (April 17, 2018) (Justice Kagan)

Article • April 16, 2018 • from P&J April, 2018

Filed under: Punch And Jurists, Vagueness and Over-Breadth

Sessions v. Dimaya, No. 15-1498 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1204) (April 17, 2018) (Justice Kagan) by In a decision that is destined to have a major impact on the enforcement of the country’s immigration laws, a sharply divided Supreme Court held in the instant case that …

U.S. v. Evans, No. 16-10310 (9th Cir.) (833 F.3d 1154) (February 28, 2018) (Judge Milan D. Jr. Smith)

Article • February 26, 2018 • from P&J February, 2018

Filed under: Punch And Jurists, Standard Conditions

U.S. v. Evans, No. 16-10310 (9th Cir.) (833 F.3d 1154) (February 28, 2018) (Judge Milan D. Jr. Smith) by This is an interesting decision in which a divided panel from the Ninth Circuit held that the district court had erred in imposing three of the so-called “standard conditions” of supervised …

U.S. v. Chamberlain, No. 16-4313 (4th Cir.) (868 F.3d 290) (August 18, 2017) (Judge James A. Jr. Wynn)

Article • September 25, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Chamberlain, No. 16-4313 (4th Cir.) (868 F.3d 290) (August 18, 2017) (Judge James A. Jr. Wynn) by It took nearly three decades, but the Fourth Circuit, sitting en banc, has finally agreed to join with the rest of the Federal Circuit Courts in holding that one of the …

U.S. v. Hillie, No. 16-cr-0030 (KBJ) (D.D.C.) (227 F.Supp.3d 57) (January 5, 2017) (Judge Ketanji Brown Jackson)

Article • August 28, 2017 • from P&J August, 2017

Filed under: Punch And Jurists, Failure to Provide Adequate Notice

U.S. v. Hillie, No. 16-cr-0030 (KBJ) (D.D.C.) (227 F.Supp.3d 57) (January 5, 2017) (Judge Ketanji Brown Jackson) by This is a fascinating child pornography decision in which the Court dismissed, without prejudice, seven counts of an Indictment on the grounds that those counts, which largely recited the statutory language, were …

Johnson v. U.S., No. 13-7120 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2551) (June 26, 2015) (Justice Scalia)

Article • June 29, 2015 • from P&J June, 2015

Filed under: Punch And Jurists, Vagueness and Over-Breadth

Johnson v. U.S., No. 13-7120 (U.S. Supreme Court) (576 U.S. ___; 135 S.Ct. 2551) (June 26, 2015) (Justice Scalia) by This is a watershed criminal law decision that (a) strikes down as unconstitutionally vague a critical and frequently used mandatory minimum sentencing provision of the Armed Career Criminal Act of …

Does v. Snyder, No. 12-11194 (E.D.Mich.) (101 F.Supp.3d 672) (March 31, 2015) (Judge Robert H. Cleland)

Article • April 13, 2015 • from P&J April, 2015

Filed under: Punch And Jurists, Vagueness and Over-Breadth

Does v. Snyder, No. 12-11194 (E.D.Mich.) (101 F.Supp.3d 672) (March 31, 2015) (Judge Robert H. Cleland) by In this decision, Judge Cleland struck down as unconstitutional four separate provisions of Michigan’s recently amended Sex Offenders Registration Act ("SORA"). The ruling came in a lawsuit filed by the American Civil Liberties …

Thomas v. Holder, No. 12-5228 (D.C. Cir.) (750 F.3d 899) (May 6, 2014) (Judge David S. Tatel)

Article • June 2, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Constitutional Challenges

Thomas v. Holder, No. 12-5228 (D.C. Cir.) (750 F.3d 899) (May 6, 2014) (Judge David S. Tatel) by In this case, the appellant, Keith Thomas, an inmate in a California state prison, filed a petition for writ of mandamus in the district court, seeking to compel Attorney General Eric Holder …

U.S. v. Weingarten, No. 09-2043-cr (2nd Cir.) (632 F.3d 60) (January 18, 2011) (Judge Debra Ann Livingston)

Article • December 1, 2011

Filed under: Punch And Jurists, Foreign Crimes/Conduct

U.S. v. Weingarten, No. 09-2043-cr (2nd Cir.) (632 F.3d 60) (January 18, 2011) (Judge Debra Ann Livingston) by Defendant's conviction for travel with intent to engage in illicit sexual conduct is reversed where travel by a U.S. citizen between two foreign countries, absent any territorial nexus to the U.S., did …

In Re: Any and All Funds or Other Assets in Brown Brothers Harriman Account # 8870792, No. 09-5065 (D.C. Cir.) (613 F.3d 1122) (July 16, 2010) (Judge Brett M. Kavanaugh)

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

Filed under: Punch And Jurists, Foreign Crimes/Conduct

In Re: Any and All Funds or Other Assets in Brown Brothers Harriman Account # 8870792, No. 09-5065 (D.C. Cir.) (613 F.3d 1122) (July 16, 2010) (Judge Brett M. Kavanaugh) by Here the Court refused to expand the U.S. Justice Department's ability to restrain assets in the United States pursuant …

U.S. v. Mitchell, No. 2:09cr105 (W.D.Pa.) (681 F.Supp.2d 597) (November 6, 2009) (Judge David Stewart Cercone)

Article • July 26, 2010 • from P&J July, 2010

Filed under: Punch And Jurists, DNA Analysis Backlog Elimination Act

U.S. v. Mitchell, No. 2:09cr105 (W.D.Pa.) (681 F.Supp.2d 597) (November 6, 2009) (Judge David Stewart Cercone) by In this noteworthy and well-reasoned opinion, District Judge David Cercone ruled that a key provision of the DNA Analysis Backlog Elimination Act of 2000, which is codified at 42 U.S.C. § 14135a, et …

Amnesty International USA v. McConnell, No. 08 Civ. 6259 (JGK) (S.D.N.Y.) (646 F.Supp.2d 633) (August 20, 2009) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists, Overseas Wiretaps

Amnesty International USA v. McConnell, No. 08 Civ. 6259 (JGK) (S.D.N.Y.) (646 F.Supp.2d 633) (August 20, 2009) (Judge John G. Koeltl) by Here the Court held that the plaintiffs lacked standing to attack the 2008 amendments to FISA which authorized the warrantless surveillance of phone calls and other communications abroad, …

U.S. v. Alderman, No. 07-30186 (9th Cir.) (565 F.3d 641) (May 12, 2009) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Body Armor

U.S. v. Alderman, No. 07-30186 (9th Cir.) (565 F.3d 641) (May 12, 2009) (Judge M. Margaret McKeown) by In a strained decision that often limps under the weight of frail logic, a divided panel from the Ninth Circuit has affirmed the constitutional validity of 18 U.S.C. §§ 931 and 921(a)(35), …

Evans v. Thompson, No. 07-1014 (1st Cir.) (518 F.3d 1) (February 8, 2008) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Constitutional Challenges

Evans v. Thompson, No. 07-1014 (1st Cir.) (518 F.3d 1) (February 8, 2008) (Judge Sandra L. Lynch) by Petitioner inmate sought federal habeas relief under 28 U.S.C. § 2254 and asserted that he received ineffective assistance of counsel and that the limitations imposed by 28 U.S.C. § 2254(d)(1), as amended …

Crater v. Galaza, No. 05-17027 (9th Cir.) (508 F.3d 1261) (December 6, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

Crater v. Galaza, No. 05-17027 (9th Cir.) (508 F.3d 1261) (December 6, 2007) (Per Curiam) by

Irons v. Carey, No. 05-15275 (9th Cir.) (505 F.3d 846) (July 13, 2007) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Constitutional Challenges

Irons v. Carey, No. 05-15275 (9th Cir.) (505 F.3d 846) (July 13, 2007) (Judge Stephen Reinhardt) by Here, after requesting briefs on the issue of whether Congress had violated the rights of the Judiciary when it enacted 28 U.S.C. § 2254(d)(1), the Court ducked addressing that issue; although two of …

Irons v. Carey, No. 05-15275 (9th Cir.) (506 F.3d 951) (November 6, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

Irons v. Carey, No. 05-15275 (9th Cir.) (506 F.3d 951) (November 6, 2007) (Per Curiam) by Order denying rehearing en banc of the Court's decision in Irons v. Carey, 505 F.3d 846 (9th Cir. July 13, 2007), over a strong dissent by Judge Kleinfeld (and joined by Judge Bea).

Irons v. Carey, No. 05-15275 (9th Cir.) (479 F.3d 658) (March 6, 2007) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Constitutional Challenges

Irons v. Carey, No. 05-15275 (9th Cir.) (479 F.3d 658) (March 6, 2007) (Judge Stephen Reinhardt) by While neither the facts nor the outcome of his habeas case are particularly significant, its history and its undercurrents are fascinating. Nearly two years ago, in an order published at 408 F.3d 1165 …

U.S. v. Reynard, No. 02-50476 (9th Cir.) (473 F.3d 1008) (January 12, 2007) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, DNA Analysis Backlog Elimination Act

U.S. v. Reynard, No. 02-50476 (9th Cir.) (473 F.3d 1008) (January 12, 2007) (Judge Harry Pregerson) by This decision is noted for Judge Pregerson's dissent in which he found that the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. §§ 14135-14135e and 10 U.S.C. § 1565) was unconstitutional under …