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Article • March 23, 2015 • from P&J March, 2015
U.S. v. Medina, No. 13-1936 (1st Cir.) (779 F.3d 55) (March 4, 2015) (Judge David J. Barron) by In this case, the First Circuit addressed a series of errors made by the district court (the error-prone Judge Jose Antonio Fuste of the D. Puerto Rico) when it imposed a 20-year …
Article • September 8, 2014 • from P&J September, 2014
Colwell v. Bannister, No. 12-15844 (9th Cir.) (763 F.3d 1060) (August 14, 2014) (Judge Barry G. Silverman) by Here, a divided panel held that a Nevada administrative prison policy of denying prisoners medically recommended cataract surgery, based solely on the premise that “one-eye-Is-enough,” constitutes the “paradigm of deliberate indifference”. In …
Article • October 7, 2013 • from P&J October, 2013
U.S. v. McLaurin, No. 12-3514-cr (2nd Cir.) (731 F.3d 258) (October 3, 2013) (Judge Various) by This case addresses a controversial - but commonly used - special condition of supervised release that is regularly imposed on large numbers of convicted sex-offenders by the Federal courts - namely that the defendant …
Article • February 1, 2009 • from P&J February, 2009
U.S. v. Esparza, No. 07-50293 (9th Cir.) (552 F.3d 1088) (January 20, 2009) (Per Curiam) by The defendant in this case pled guilty to distribution of child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A). In addition to a prison sentence of 235 months, the defendant was ordered to serve …
Article • December 1, 2008 • from P&J December, 2008
Castaneda v. U.S., No. 08-55684 (9th Cir.) (546 F.3d 682) (October 2, 2008) (Judge Milan D. Jr. Smith) by
Article • April 1, 2008 • from P&J April, 2008
U.S. v. Stoterau, No. 07-50124 (9th Cir.) (524 F.3d 988) (April 29, 2008) (Judge Sandra S. Ikuta) by The defendant in this case, Joseph Stoterau, pled guilty to transporting child pornography in violation of 18 U.S.C. § 2252A(a)(1). After he was sentenced to 151 months in prison and a five-year …
Article • February 1, 2008 • from P&J February, 2008
Castaneda v. U.S., No. CV 07-07241 DDP (C.D.Cal.) (538 F.Supp.2d 1279) (March 11, 2008) (Judge Dean D. Pregerson) by Here the Court denied a defense motion to dismiss a Bivens action against a number of individual Public Health Service defendants, holding that the law did not preclude such actions for …
Article • July 1, 2006 • from P&J July, 2006
U.S. v. Weber, No. 05-50191 (9th Cir.) (451 F.3d 552) (June 20, 2006) (Judge Marsha L. Berzon) by In this case, the Court established certain standards and procedures that must be followed by district courts before they impose a requirement on sex-offernder defendants that they submit to penile plethysmograph testing. …