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Abbott v. Federal Bureau of Prisons, No. 12-35801 (9th Cir.) (771 F.3d 512) (October 27, 2014) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Jurisdiction

Abbott v. Federal Bureau of Prisons, No. 12-35801 (9th Cir.) (771 F.3d 512) (October 27, 2014) (Judge Ronald M. Gould) by CASE SUMMARY [1]-The claims presented in petitioner's initial habeas petition regarding the legality of the BOP's 2009 Residential Drug Abuse Program (RDAP) eligibility rule were rendered moot by the …

U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (770 F.3d 1) (October 16, 2014) (Judge O. Rogeriee Thompson)

Article • January 19, 2015 • from P&J November, 2015

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (770 F.3d 1) (October 16, 2014) (Judge O. Rogeriee Thompson) by In the 06/23/14 issue of P&J, we noted a strange and misguided sentencing decision in the case entitled U.S. v. Sevilla-Oyola, 753 F.3d 309 (1st Cir. June 3, 2014) (“Sevilla I”). That …

Durso v. Napolitano, No. Civ. No. 10-02066 (HHK) (D.D.C.) (795 F.Supp.2d 63) (July 5, 2011) (Judge Henry H. Jr. Kennedy)

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

Filed under: Punch And Jurists, Jurisdiction

Durso v. Napolitano, No. Civ. No. 10-02066 (HHK) (D.D.C.) (795 F.Supp.2d 63) (July 5, 2011) (Judge Henry H. Jr. Kennedy) by Here the Court dismissed a lawsuit challenging TSA’s Advanced Imaging Technology and aggressive pat-downs at airports, holding that 49 U.S.C. § 46110 places exclusive jurisdiction for such lawsuits wih …

Skaftouros v. U.S., No. 11-0462-cv (2nd Cir.) (667 F.3d 144) (December 20, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, Jurisdiction

Skaftouros v. U.S., No. 11-0462-cv (2nd Cir.) (667 F.3d 144) (December 20, 2011) (Judge Jose A. Cabranes) by District court grant of writ of habeas corpus to fugitive charged with murder in Greece and certified in the United States as extraditable is vacated, and denial of the government's motion to …

U.S. v. Janvier, No. 08-5978-cr (2nd Cir.) (599 F.3d 264) (March 26, 2010) (Judge Gerard E. Lynch)

Article • August 23, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Janvier, No. 08-5978-cr (2nd Cir.) (599 F.3d 264) (March 26, 2010) (Judge Gerard E. Lynch) by In defendant's appeal from the district court's order revoking his term of supervised release due to his use of drugs, and sentencing him to five months' incarceration and an additional period of …

Kiyemba v. Obama, No. 05-5487 (D.C. Cir.) (561 F.3d 509) (April 7, 2009) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Jurisdiction

Kiyemba v. Obama, No. 05-5487 (D.C. Cir.) (561 F.3d 509) (April 7, 2009) (Judge Douglas Ginsburg) by This is another decision in the long and troubling history of legal proceedings relating to the 17 Chinese Muslim (or Uighur) citizens who have been imprisoned at Guantanamo Bay since 2001 - despite …

Munaf v. Geren, No. 06-5324 (D.C. Cir.) (482 F.3d 582) (April 6, 2007) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Jurisdiction

Munaf v. Geren, No. 06-5324 (D.C. Cir.) (482 F.3d 582) (April 6, 2007) (Judge David B. Sentelle) by Appellant, an American citizen, traveled to Iraq in 2005. In October 2006 he was convicted on kidnapping charges and sentenced to death by the Central Criminal Court of Iraq (CCCI). He was …

U.S. v. Coloian, No. 06-1357 (1st Cir.) (480 F.3d 47) (March 20, 2007) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Coloian, No. 06-1357 (1st Cir.) (480 F.3d 47) (March 20, 2007) (Judge Juan R. Torruella) by

U.S. v. Resendiz-Ponce, No. 05-998 (U.S. Supreme Court) (549 U.S. 102; 127 S.Ct. 782) (January 9, 2007) (Justice Stevens)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Resendiz-Ponce, No. 05-998 (U.S. Supreme Court) (549 U.S. 102; 127 S.Ct. 782) (January 9, 2007) (Justice Stevens) by In a ruling that raises questions about why the Supreme Court granted certiorari in this case in the first place, the Court declined to address merits of the substantive issue …

U.S. v. Flowers, No. 04-3206 (10th Cir.) (464 F.3d 1127) (March 22, 2006) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Flowers, No. 04-3206 (10th Cir.) (464 F.3d 1127) (March 22, 2006) (Judge Monroe G. McKay) by Defendant was convicted upon his guilty plea to conspiracy to manufacture or distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). The U.S. District Court for the District of Kansas sentenced defendant …

U.S. v. Verdugo-Urquidez, No. 88-1353 (U.S. Supreme Court) (494 U.S. 259; 110 S.Ct. 1056) (February 28, 1990) (Justice Rehnquist)

Article • May 11, 2006

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Verdugo-Urquidez, No. 88-1353 (U.S. Supreme Court) (494 U.S. 259; 110 S.Ct. 1056) (February 28, 1990) (Justice Rehnquist) by Here a divided court held that the Fourth Amendment held not to apply to search and seizure by United States agents of property that was owned by nonresident alien and …

Johnson v. Eisentrager, No. 306 (U.S. Supreme Court) (339 U.S. 763; 70 S.Ct. 936) (June 5, 2050) (Justice Jackson)

Article • May 11, 2006

Filed under: Punch And Jurists, Jurisdiction

Johnson v. Eisentrager, No. 306 (U.S. Supreme Court) (339 U.S. 763; 70 S.Ct. 936) (June 5, 2050) (Justice Jackson) by This is the Supreme Court's seminal case on the applicability of constitutional protections to non-resident enemy aliens, holding that U.S. Courts have no jurisdiction to entertain habeas petitions brought by …

Doe v. Smith, No. 05-1903 (7th Cir.) (429 F.3d 706) (November 21, 2005) (Judge Frank H. Easterbrook)

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

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Doe v. Smith, No. 05-1903 (7th Cir.) (429 F.3d 706) (November 21, 2005) (Judge Frank H. Easterbrook) by Plaintiff former girlfriend sought review of a decision of the United States District Court for the Central District of Illinois, which dismissed her complaint against defendant former boyfriend. The complain sought compensation …

U.S. v. King, No. 6:03-1092-HMH (D.S.C.) (368 F.Supp.2d 509) (May 11, 2005) (Judge Henry M. Jr. Herlong)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. King, No. 6:03-1092-HMH (D.S.C.) (368 F.Supp.2d 509) (May 11, 2005) (Judge Henry M. Jr. Herlong) by Some two weeks after the defendant was sentenced, the Government filed a motion requesting the court to enter an order of forfeiture of approximately $4 million in a drug case. Noting that …

Preiser v. Rodriguez, No. 71-1369 (U.S. Supreme Court) (411 U.S. 475; 93 S.Ct. 1827) (May 7, 1973) (Justice Stewart)

Article • March 11, 2005

Filed under: Punch And Jurists, Jurisdiction

Preiser v. Rodriguez, No. 71-1369 (U.S. Supreme Court) (411 U.S. 475; 93 S.Ct. 1827) (May 7, 1973) (Justice Stewart) by Case held that a prisoner seeking restoration of good time credits could not bring that action under 42 USC § 1983, but rather must bring it under a habeas corpus …

Edwards v. Balisok, No. 95-1352 (U.S. Supreme Court) (520 U.S. 641; 117 S.Ct. 1584) (May 19, 1997) (Justice Scalia)

Article • March 10, 2005

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Edwards v. Balisok, No. 95-1352 (U.S. Supreme Court) (520 U.S. 641; 117 S.Ct. 1584) (May 19, 1997) (Justice Scalia) by In this case the Supreme Court elaborated on the "Heck Rule" announced in Heck v. Humphrey, 512 U.S. 477 (1994), where the prisoner sought money damages, rather than release from …

Heck v. Humphrey, No. 93-6188 (U.S. Supreme Court) (512 U.S. 477; 114 S.Ct. 2364) (June 24, 1994) (Justice Scalia)

Article • March 10, 2005

Filed under: Punch And Jurists, Jurisdiction

Heck v. Humphrey, No. 93-6188 (U.S. Supreme Court) (512 U.S. 477; 114 S.Ct. 2364) (June 24, 1994) (Justice Scalia) by Here the Court established what has been come to be known as the "Heck Rule" under which a prisoner must establish that his conviction or sentence has been overturned or …

Wilkinson v. Dotson, No. 03-287 (U.S. Supreme Court) (544 U.S. 74; 125 S.Ct. 1242) (March 7, 2005) (Justice Breyer)

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

Filed under: Punch And Jurists, Jurisdiction

Wilkinson v. Dotson, No. 03-287 (U.S. Supreme Court) (544 U.S. 74; 125 S.Ct. 1242) (March 7, 2005) (Justice Breyer) by This is another of a long line of cases which, to use of the words of the Supreme Court, “lies at the intersection of the two most fertile sources of …

Abu Ali v. Ashcroft, No. Civ. No. 04-1258 (JDB) (D.D.C.) (350 F.Supp.2d 28) (December 16, 2004) (Judge John D. Bates)

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

Filed under: Punch And Jurists, Jurisdiction

Abu Ali v. Ashcroft, No. Civ. No. 04-1258 (JDB) (D.D.C.) (350 F.Supp.2d 28) (December 16, 2004) (Judge John D. Bates) by In a decision that pretty much speaks for itself, Judge Bates has delivered another blow to the latest of the Administration’s attempts to deny any constitutional rights to persons …

Medberry v. Crosby, No. 02-11072 (11th Cir.) (351 F.3d 1049) (November 25, 2003) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Jurisdiction

Medberry v. Crosby, No. 02-11072 (11th Cir.) (351 F.3d 1049) (November 25, 2003) (Judge Susan H. Black) by In its exhaustive review of the current habeas and post-conviction law, the Court stated in part: "The writ of habeas corpus is a single post-conviction remedy principally governed by two different statutes. …