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Zevallos v. Obama, No. 14-4059 (D.C. Cir.) (793 F.3d 106) (July 10, 2015) (Judge Thomas Beall Griffith)

Article • October 12, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, Foreign Narcotics Kingpin Designation Act

Zevallos v. Obama, No. 14-4059 (D.C. Cir.) (793 F.3d 106) (July 10, 2015) (Judge Thomas Beall Griffith) by In Zevallos v. Obama, 10 F.Supp.3d 111 (D.D.C. Jan. 17, 2014) (P&J, Dec. 8, 2014) (“Zevallos I”), we reported on a decision by District Judge Rudolph Contreras of the D.D.C. in which …

Zevallos v. Obama, No. Civ. No. 13-0390 (D.D.C.) (10 F.Supp.3d 111) (January 17, 2014) (Judge Rudolph Contreras)

Article • December 8, 2014 • from P&J December, 2014

Filed under: Punch And Jurists, Foreign Narcotics Kingpin Designation Act

Zevallos v. Obama, No. Civ. No. 13-0390 (D.D.C.) (10 F.Supp.3d 111) (January 17, 2014) (Judge Rudolph Contreras) by The plaintiff, Fernando Zevallos, was born in Peru in 1957; and he was granted permanent residency status in the United States in 1994. In the early 1990s, Mr. Zevallos and his family …

U.S. v. Kassar, No. 09-1051-cr (2nd Cir.) (660 F.3d 108) (September 21, 2011) (Judge Dennis G. Jacobs)

Article • December 1, 2011

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Kassar, No. 09-1051-cr (2nd Cir.) (660 F.3d 108) (September 21, 2011) (Judge Dennis G. Jacobs) by Court upholds arms dealer's conviction, rejecting claims of outrageous Government conduct and entrapment. In an appeal from a judgment of the district court convicting defendants of conspiring to kill U.S. officers, to …

U.S. v. Pendleton, No. 10-1818 (3rd Cir.) (658 F.3d 299) (September 7, 2011) (Judge Thomas Michael Hardiman)

Article • October 3, 2011 • from P&J October, 2011

Filed under: Punch And Jurists, Foreign Commerce Clause

U.S. v. Pendleton, No. 10-1818 (3rd Cir.) (658 F.3d 299) (September 7, 2011) (Judge Thomas Michael Hardiman) by In 2005, Thomas Pendleton boarded a plane in New York City bound for Hamburg, Germany. Six months after his arrival there, he sexually assaulted a 15-year-old boy. German authorities arrested him, and …

Frisbie v. Collins, No. 331 (U.S. Supreme Court) (342 U.S. 519; 72 S.Ct. 509) (March 10, 2052) (Justice Black)

Article • May 18, 2010

Filed under: Punch And Jurists, Ker-Frisbie Rule

Frisbie v. Collins, No. 331 (U.S. Supreme Court) (342 U.S. 519; 72 S.Ct. 509) (March 10, 2052) (Justice Black) by In this case, in the context of a defendant's forciblle abduction from the state of Illinois to the state of Michigan for trial, the Supreme Court that the power of …

U.S. v. Lopez-Vanegas, No. 05-15021 (11th Cir.) (493 F.3d 1305) (July 26, 2007) (Judge Donald E. Walter)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Lopez-Vanegas, No. 05-15021 (11th Cir.) (493 F.3d 1305) (July 26, 2007) (Judge Donald E. Walter) by The defendants in this case, Doris Salazar ("Salazar") and Ivan Lopez-Vanegas ("Lopez") appealed their convictions on one count each of conspiracy to possess with the intent to distribute five kilograms or more …

U.S. v. Frank, No. 04-20778-CR-JORDAN (S.D.Fla.) (486 F.Supp.2d 1353) (May 4, 2007) (Judge Adalberto Jose Jordan)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Frank, No. 04-20778-CR-JORDAN (S.D.Fla.) (486 F.Supp.2d 1353) (May 4, 2007) (Judge Adalberto Jose Jordan) by Kent Frank, an American citizen, was indicted for traveling to Cambodia on five occasions to engage in illicit sexual conduct in that country with various females under the age of 18. The charges …

U.S. v. Clark, No. 04-30249 (9th Cir.) (435 F.3d 1100) (January 25, 2006) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Clark, No. 04-30249 (9th Cir.) (435 F.3d 1100) (January 25, 2006) (Judge M. Margaret McKeown) by In an important ruling that signals a new approach to dealing with child sex crimes, the Ninth Circuit addressed an issue of first impression regarding the scope of Congress’ authority under the …

Small v. U.S., No. 03-750 (U.S. Supreme Court) (544 U.S. 385; 125 S.Ct. 1752) (April 26, 2005) (Justice Breyer)

Article • April 1, 2005 • from P&J May, 2003

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

Small v. U.S., No. 03-750 (U.S. Supreme Court) (544 U.S. 385; 125 S.Ct. 1752) (April 26, 2005) (Justice Breyer) by In this case, the Supreme Court held, by a vote of 5-to-3, that conviction in a foreign court is not the kind of conviction which U.S. law treats as a …

Pasquantino v. U.S., No. 03-725 (U.S. Supreme Court) (544 U.S. 349; 125 S.Ct. 1766) (April 26, 2005) (Justice Thomas)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

Pasquantino v. U.S., No. 03-725 (U.S. Supreme Court) (544 U.S. 349; 125 S.Ct. 1766) (April 26, 2005) (Justice Thomas) by In this case, three men were convicted of wire fraud for their role in a large-scale liquor smuggling scheme to evade Canada’s high liquor taxes by shipping some 40,000 cases …

U.S. v. Pasquantino, No. 01-4463 (4th Cir.) (336 F.3d 221) (July 18, 2003) (Judge Clyde H. Hamilton)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Pasquantino, No. 01-4463 (4th Cir.) (336 F.3d 221) (July 18, 2003) (Judge Clyde H. Hamilton) by Defendants sought review of a judgment from the District Court, which convicted them of wire fraud and aiding and abetting wire fraud in violation of 18 U.S.C.S. §§ 2, 1343. After defendants' …

U.S. v. Neil, No. 01-50459 (9th Cir.) (312 F.3d 419) (November 20, 2002) (Judge William A. Fletcher)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Neil, No. 01-50459 (9th Cir.) (312 F.3d 419) (November 20, 2002) (Judge William A. Fletcher) by The defendant-appellant in this case conditionally pleaded guilty to sexual contact with a minor in violation of 18 U.S.C. § 2244(a)(3), but asserted that the United States lacked jurisdiction since the crime …

U.S. v. Best, No. 01-4321 (3rd Cir.) (304 F.3d 308) (September 18, 2002) (Judge Julio M. Fuentes)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Best, No. 01-4321 (3rd Cir.) (304 F.3d 308) (September 18, 2002) (Judge Julio M. Fuentes) by This is one of those cases that shows the perplexing “them and us” standards espoused by our Government that causes so much enmity towards the United States. For months now the United …

U.S. v. Cafiero, No. CR. MJ-02-245-JLA (D.Mass.) (211 F.Supp.2d 328) (June 24, 2002) (Judge Magistrate)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Cafiero, No. CR. MJ-02-245-JLA (D.Mass.) (211 F.Supp.2d 328) (June 24, 2002) (Judge Magistrate) by In this case the Government tried to exercise broad jurisdiction rights over a foreign national which, had it been done by China or Iraq, would have immediately led to a major international confrontation. In …

U.S. v. Cafiero, No. 2000MO434 RBC (D.Mass.) (221 F.Supp.2d 88) (June 26, 2002) (Judge Magistrate)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Cafiero, No. 2000MO434 RBC (D.Mass.) (221 F.Supp.2d 88) (June 26, 2002) (Judge Magistrate) by Here the Court held that the U.S. could prosecute a foreign national, who was a passenger on a plane that was diverted to the U.S., on drug charges, since the involuntary nature of his …

U.S. v. Small, No. CR. 00-160 (W.D.Pa.) (183 F.Supp.2d 755) (January 16, 2002) (Judge Robert J. Cindrich)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Small, No. CR. 00-160 (W.D.Pa.) (183 F.Supp.2d 755) (January 16, 2002) (Judge Robert J. Cindrich) by This case is noted for its thorough analysis of a number of questions relating to a defendant’s right to challenge the validity of a foreign conviction that serves as the predicate offense …

U.S. v. Concha, No. 99-2171 (10th Cir.) (233 F.3d 1249) (December 1, 2000) (Judge David M. Ebel)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Concha, No. 99-2171 (10th Cir.) (233 F.3d 1249) (December 1, 2000) (Judge David M. Ebel) by Here, disagreeing with decisions from the Fourth and Sixth Circuits, the Tenth Circuit concluded that the term "any court" as used in 18 USC § 922(g) to define prior convictions does not …

U.S. v. Laden, No. S(6) 98 CR. 1023 (LBS) (S.D.N.Y.) (92 F.Supp.2d 189) (March 13, 2000) (Judge Leonard B. Sand)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Laden, No. S(6) 98 CR. 1023 (LBS) (S.D.N.Y.) (92 F.Supp.2d 189) (March 13, 2000) (Judge Leonard B. Sand) by Once again, the Government has extended its jurisdictional might over citizens of other nations. In this case, which has far reaching implications, District Judge Sand of New York found …

U.S. v. Kole, No. 96-5457 (3rd Cir.) (164 F.3d 164) (December 29, 1998) (Judge Theodore A. McKee)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Kole, No. 96-5457 (3rd Cir.) (164 F.3d 164) (December 29, 1998) (Judge Theodore A. McKee) by Here the Court affirmed the use of a foreign conviction to enhance the defendant's sentence under 21 USC § 851(a), rejecting the defendant's claims that the foreign conviction did not comport to …

U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson) by This is one of those "wake up and take notice" cases that shows the ever-expanding reach of the prosecutorial arm of the Federal Government. Having won the battle of prosecuting State crimes, …