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U.S. v. Ford, No. 15-1303 (1st Cir.) (821 F.3d 63) (April 13, 2016) (Judge William J. Jr. Kayatta)

Article • September 5, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Mens Rea

U.S. v. Ford, No. 15-1303 (1st Cir.) (821 F.3d 63) (April 13, 2016) (Judge William J. Jr. Kayatta) by In this case of first impression, the First Circuit held that a defendant could not be convicted of aiding and abetting her husband’s unlawful possession of a firearm absent proof that …

McFadden v. U.S., No. 14-378 (U.S. Supreme Court) (576 U.S. ___; 136 S.Ct. 2298) (June 18, 2015) (Justice Thomas)

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

Filed under: Punch And Jurists, Mens Rea

McFadden v. U.S., No. 14-378 (U.S. Supreme Court) (576 U.S. ___; 136 S.Ct. 2298) (June 18, 2015) (Justice Thomas) by This appeal involved multiple convictions of the petitioner, Stephen McFadden, arising from the sale of “controlled substance analogues” in violation of an almost unreadable statutory riddle, the Controlled Substance Analogue …

Abramski v. U.S., No. 12-1493 (U.S. Supreme Court) (573 U.S. 169; 134 S.Ct. 2259) (June 16, 2014) (Justice Kagan)

Article • April 28, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Straw Purchaser

Abramski v. U.S., No. 12-1493 (U.S. Supreme Court) (573 U.S. 169; 134 S.Ct. 2259) (June 16, 2014) (Justice Kagan) by In this case, a sharply divided Supreme Court sided with advocates of stricter gun controls and upheld the conviction of the petitioner, a former police officer in Virginia, who bought …

Rosemond v. U.S., No. 12-895 (U.S. Supreme Court) (572 U.S. 65; 134 S.Ct. 1240) (March 5, 2014) (Justice Kagan)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Mens Rea

Rosemond v. U.S., No. 12-895 (U.S. Supreme Court) (572 U.S. 65; 134 S.Ct. 1240) (March 5, 2014) (Justice Kagan) by The question before the Court in this drug deal gone bad case was whether the federal offense of aiding and abetting the use of a firearm during and in relation …

U.S. v. Chapman, No. 10-5071 (4th Cir.) (666 F.3d 220) (January 4, 2012) (Judge Clyde H. Hamilton)

Article • December 1, 2012

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Chapman, No. 10-5071 (4th Cir.) (666 F.3d 220) (January 4, 2012) (Judge Clyde H. Hamilton) by In the 01/10/11 issue of P&J, we noted that, in U.S. v. Chester, 628 F.3d 673 (4th Cir. Dec. 30, 2010), the Fourth Circuit had discussed at length the constitutional validity of …

Shelton v. Secretary, Dept. of Corrections, No. 11-13515 (11th Cir.) ( F.3d ) (August 24, 2012) (Judge Patrick E. Higginbotham)

Article • September 3, 2012 • from P&J September, 2012

Filed under: Punch And Jurists, Mens Rea

Shelton v. Secretary, Dept. of Corrections, No. 11-13515 (11th Cir.) ( F.3d ) (August 24, 2012) (Judge Patrick E. Higginbotham) by Because the foundations of our criminal justice system, which date back to the earliest days of common law, are so well established, it is rare to see a debate …

U.S. v. Nadirashvili, No. 08-4211-cr (L) (2nd Cir.) (655 F.3d 114) (August 23, 2011) (Judge Ralph K. Jr. Winter)

Article • December 1, 2011

Filed under: Punch And Jurists, Gun Laws/Crimes

U.S. v. Nadirashvili, No. 08-4211-cr (L) (2nd Cir.) (655 F.3d 114) (August 23, 2011) (Judge Ralph K. Jr. Winter) by Conviction and sentencing of defendants for a variety of weapons trafficking offenses is vacated with respect to the sentencing where the district court used the wrong standard in applying certain …

Fowler v. U.S., No. 10-5443 (U.S. Supreme Court) (563 U.S. 668; 131 S.Ct. 2045) (May 26, 2011) (Justice Breyer)

Article • June 13, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Mens Rea

Fowler v. U.S., No. 10-5443 (U.S. Supreme Court) (563 U.S. 668; 131 S.Ct. 2045) (May 26, 2011) (Justice Breyer) by Here, a sharply divided Court debated the burden of proof required to obtain a conviction under the Federal witness tampering statute, namely 18 U.S.C. § 1512(a)(1)(C); and ultimately chose, over …

U.S. v. Chester, No. 09-4084 (4th Cir.) (628 F.3d 673) (December 30, 2010) (Judge William B. Jr. Traxler)

Article • January 10, 2011 • from P&J January, 2011

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Chester, No. 09-4084 (4th Cir.) (628 F.3d 673) (December 30, 2010) (Judge William B. Jr. Traxler) by Here, after one of the most detailed analyses to date of the constitutional validity of 18 U.S.C. § 922(g)(9) in the aftermath of District of Columbia v. Heller, the Court remanded …

U.S. v. Skoien, No. 08-3770 (7th Cir.) (614 F.3d 638) (July 13, 2010) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Skoien, No. 08-3770 (7th Cir.) (614 F.3d 638) (July 13, 2010) (Judge Frank H. Easterbrook) by Steven Skoien had two prior convictions for misdemeanor crimes of domestic violence. While he was on probation for the second of those convictions, he was found in possession of some guns. He …

U.S. v. White, No. 08-16010 (11th Cir.) (593 F.3d 1199) (January 11, 2010) (Judge Eugene E. Jr. Siler)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. White, No. 08-16010 (11th Cir.) (593 F.3d 1199) (January 11, 2010) (Judge Eugene E. Jr. Siler) by In this case, the Eleventh Circuit rejected a Second Amendment challenge to a Federal conviction for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, …

U.S. v. Skoien, No. 08-3770 (7th Cir.) (587 F.3d 803) (November 18, 2009) (Judge Diane S. Sykes)

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

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Skoien, No. 08-3770 (7th Cir.) (587 F.3d 803) (November 18, 2009) (Judge Diane S. Sykes) by Here the Court upheld a Second Amendment challenge to a conviction for possession of a gun by a domestic violence misdemeanant under 18 U.S.C. § 922(g)(9) on the grounds that the Government …

Flores-Figueroa v. U.S., No. 08-108 (U.S. Supreme Court) (556 U.S. 646; 129 S.Ct. 1886) (May 4, 2009) (Judge Charles R. Breyer)

Article • March 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Mens Rea

Flores-Figueroa v. U.S., No. 08-108 (U.S. Supreme Court) (556 U.S. 646; 129 S.Ct. 1886) (May 4, 2009) (Judge Charles R. Breyer) by In this case, the Court addressed a Circuit split over the scope of the mens rea requirement in one of the many obtuse mandatory minimum Congressional statutes - …

U.S. v. Hayes, No. 07-608 (U.S. Supreme Court) (555 U.S. 415; 129 S.Ct. 1079) (February 24, 2009) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Hayes, No. 07-608 (U.S. Supreme Court) (555 U.S. 415; 129 S.Ct. 1079) (February 24, 2009) (Justice Ginsburg) by In 1996, Congress amended the Federal Gun Control Act (“FGCA”) by enacting 18 U.S.C. § 922(g)(9), which expanded the list of persons prohibited from possessing firearms to include persons convicted …

U.S. v. Handy, No. 07-CR-906 (E.D.N.Y.) (570 F.Supp.2d 437) (August 4, 2008) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Mens Rea

U.S. v. Handy, No. 07-CR-906 (E.D.N.Y.) (570 F.Supp.2d 437) (August 4, 2008) (Judge Jack B. Weinstein) by The defendant in this case, Ramel Handy, pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The gun in question was stolen, although Handy …

U.S. v. Booker, No. CR-08-19-B-W (D.Me.) (557 F.Supp.2d 153) (August 11, 2008) (Judge John A. Jr. Woodcock)

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

Filed under: Punch And Jurists, Misdemeanor Crime of Domestic Violence

U.S. v. Booker, No. CR-08-19-B-W (D.Me.) (557 F.Supp.2d 153) (August 11, 2008) (Judge John A. Jr. Woodcock) by In its recent historic decision in District of Columbia v. Heller, 128 S.Ct. 2783, 2797 (2008), the Supreme Court held for the first time that the Second Amendment guarantees “the individual right …

U.S. v. Cordoba-Murgas, No. 04-3131 (2nd Cir.) (422 F.3d 65) (September 7, 2005) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Apprendi Issues

U.S. v. Cordoba-Murgas, No. 04-3131 (2nd Cir.) (422 F.3d 65) (September 7, 2005) (Judge Jose A. Cabranes) by The defendant’s appeal in this drug case had already been argued when the Supreme Court issued Apprendi v. New Jersey, 530 U.S. 466 (2000), which stated that other "than the fact of …

U.S. v. Dupre, No. 04 CR. 267 DLC (S.D.N.Y.) (339 F.Supp.2d 534) (October 8, 2004) (Judge Denise Cote)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Mens Rea

U.S. v. Dupre, No. 04 CR. 267 DLC (S.D.N.Y.) (339 F.Supp.2d 534) (October 8, 2004) (Judge Denise Cote) by The defendants, Roberta Dupre and Beverly Stambaugh, were indicted for wire fraud arising out of their wild scheme to defraud potential investors by falsely inducing them to pay “advance fees” in …

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (173 F.3d 898) (April 16, 1999) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (173 F.3d 898) (April 16, 1999) (Judge Stephen F. Williams) by This case represents another example of a sudden judicial retreat. The instant decision deals with the constitutionality of one of the 22 separate gun disability provisions contained in 18 …

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Gun Laws/Crimes

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams) by Here the Court held that a provision of the Gun Control Act which prohibited states from providing guns to police officers with misdemeanor convictions - but not felony convictions …