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U.S. v. Adejumo, No. 15-3952 (8th Cir.) (848 F.3d 868) (February 16, 2017) (Judge Diana E. Murphy)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Adejumo, No. 15-3952 (8th Cir.) (848 F.3d 868) (February 16, 2017) (Judge Diana E. Murphy) by Adetokunbo Adejumo was indicted in 2011 on 15 counts charging a scheme to defraud banks and bank customers by use of stolen identities, stolen and fraudulently created bank accounts, counterfeit checks, and …

U.S. v. Valle, No. 14-2710-cr (2nd Cir.) (807 F.3d 508) (December 3, 2015) (Judge Barrington D. Jr. Parker)

Article • December 14, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Valle, No. 14-2710-cr (2nd Cir.) (807 F.3d 508) (December 3, 2015) (Judge Barrington D. Jr. Parker) by This case involved the prosecution of a New York City cop, Gilberto Valle, for conspiracy to kidnap a victim and for improperly accessing a computer in violation of the Federal Computer …

U.S. v. Ramirez, No. 14-2145 (7th Cir.) (788 F.3d 732) (June 10, 2015) (Judge William J. Bauer)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Ramirez, No. 14-2145 (7th Cir.) (788 F.3d 732) (June 10, 2015) (Judge William J. Bauer) by In a decision that, to our recollection, is a first of its kind, the Seventh Circuit has finally put some concrete standards to the vague and virtually unmeasurable standards of the so-called …

U.S. v. Nkansah, No. 10-2441-cr (2nd Cir.) (699 F.3d 743) (November 8, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Nkansah, No. 10-2441-cr (2nd Cir.) (699 F.3d 743) (November 8, 2012) (Judge Ralph K. Jr. Winter) by In appeal from conviction for various fraud and identity theft crimes, judgment is affirmed in part, vacated in part, and remanded for resentencing, where: 1) there was insufficient evidence for defendant's …

U.S. v. Coplan, No. 10-583-cr (L) (2nd Cir.) (703 F.3d 46) (November 29, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Coplan, No. 10-583-cr (L) (2nd Cir.) (703 F.3d 46) (November 29, 2012) (Judge Jose A. Cabranes) by In appeal from convictions on charges of conspiracy to defraud the Government, tax evasion, obstruction of the IRS and false statements to the IRS related to defendants' development of "tax shelters" …

U.S. v. Ouedraogo, No. 1:08-cr-68 (W.D.Mich.) (837 F.Supp.2d 720) (December 21, 2011) (Judge Janet T. Neff)

Article • July 23, 2012 • from P&J July, 2012

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Ouedraogo, No. 1:08-cr-68 (W.D.Mich.) (837 F.Supp.2d 720) (December 21, 2011) (Judge Janet T. Neff) by Here the Court granted a judgment of acquittal after finding that the Government’s case against the defendant consisted of using “smoke and mirrors” and required “unreasonable inferences” that were little more than “a …

U.S. v. Persico, No. 08-5266-cr (L) (2nd Cir.) (645 F.3d 85) (May 3, 2011) (Judge Amalya Lyle Kearse)

Article • December 1, 2011

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Persico, No. 08-5266-cr (L) (2nd Cir.) (645 F.3d 85) (May 3, 2011) (Judge Amalya Lyle Kearse) by Conviction and sentencing of defendants for murder in the aid of racketeering, witness tampering, and conspiracy to commit witness tampering, are upheld where defendants' appeals on the grounds of insufficiency of …

U.S. v. Desnoyers, No. 10-0447-cr (2nd Cir.) (637 F.3d 105) (March 14, 2011) (Judge Richard C. Wesley)

Article • December 1, 2011

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Desnoyers, No. 10-0447-cr (2nd Cir.) (637 F.3d 105) (March 14, 2011) (Judge Richard C. Wesley) by Conviction and sentencing of defendant, 18 U.S.C. § 371, are upheld where post-verdict entry of a judgment of acquittal by district court on the grounds of factual and legal insufficiency is reversed. …

Abdah v. Obama, No. Civ. No. 04-1254 (HHK) (D.D.C.) (708 F.Supp.2d 9) (April 21, 2010) (Judge Henry H. Jr. Kennedy)

Article • December 1, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

Abdah v. Obama, No. Civ. No. 04-1254 (HHK) (D.D.C.) (708 F.Supp.2d 9) (April 21, 2010) (Judge Henry H. Jr. Kennedy) by

Salahi v. Obama, No. 05-CV-0569 (D.D.C.) (710 F.Supp.2d 1) (April 9, 2010) (Judge James Robertson)

Article • December 1, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

Salahi v. Obama, No. 05-CV-0569 (D.D.C.) (710 F.Supp.2d 1) (April 9, 2010) (Judge James Robertson) by In this case, Judge Robertson granted a writ of habeas corpus to the petitioner, a Mauritanian national being held at the U.S. Naval Base at Guantanamo Bay, Cuba, who challenged his detention as unlawful. …

U.S. v. Torres, No. 09-1771-cr (2nd Cir.) (604 F.3d 58) (May 5, 2010) (Judge Amalya Lyle Kearse)

Article • November 29, 2010 • from P&J November, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Torres, No. 09-1771-cr (2nd Cir.) (604 F.3d 58) (May 5, 2010) (Judge Amalya Lyle Kearse) by Defendant's drug conspiracy conviction is reversed where the trial evidence was insufficient to permit the jury to find beyond a reasonable doubt that he had knowledge that the purpose of the conspiracy …

U.S. v. Drachenberg, No. 09-3114-cr (2nd Cir.) (623 F.3d 122) (October 22, 2010) (Per Curiam)

Article • November 1, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Drachenberg, No. 09-3114-cr (2nd Cir.) (623 F.3d 122) (October 22, 2010) (Per Curiam) by Defendant's conviction for conspiracy to defraud the U.S. is affirmed where the U.S. government had jurisdiction to prosecute defendant in New York for actions taken in furtherance of a conspiracy to evade income taxes, …

U.S. v. Irving, No. 08-CR-640 (JG) (E.D.N.Y.) (682 F.Supp.2d 243) (February 8, 2010) (Judge John Gleeson)

Article • October 11, 2010 • from P&J October, 2010

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Irving, No. 08-CR-640 (JG) (E.D.N.Y.) (682 F.Supp.2d 243) (February 8, 2010) (Judge John Gleeson) by [Editor's Note: For a commentary on this decision, see "Lawyers in the Dock: EDNY Judge Acquits Law Associate of Witness Tampering," by JaneAnne Murray, as posted on the New York Federal Criminal Practice …

Bensayah v. Obama, No. 08-5537 (D.C. Cir.) (610 F.3d 718) (June 28, 2010) (Judge Douglas Ginsburg)

Article • July 12, 2010 • from P&J July, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

Bensayah v. Obama, No. 08-5537 (D.C. Cir.) (610 F.3d 718) (June 28, 2010) (Judge Douglas Ginsburg) by Here the Court reversed a lower court ruling that had denied habeas relief to another Guantanamo detainee, after finding that the Government had changed its legal theories and had presented “no direct evidence” …

Abdah v. Obama, No. Civ. No. 04-1254 (HHK) (D.D.C.) (717 F.Supp.2d 21) (May 26, 2010) (Judge Henry H. Jr. Kennedy)

Article • June 28, 2010 • from P&J June, 2010

Filed under: Punch And Jurists, Sufficiency of Evidence

Abdah v. Obama, No. Civ. No. 04-1254 (HHK) (D.D.C.) (717 F.Supp.2d 21) (May 26, 2010) (Judge Henry H. Jr. Kennedy) by From its outset, the U.S. military prison at Guantanamo Bay, Cuba has created a political, moral, legal and public relations disaster for the United States. The justifications used to …

U.S. v. Perez, No. 08-4131-cr(CON) (2nd Cir.) (575 F.3d 164) (August 3, 2009) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Perez, No. 08-4131-cr(CON) (2nd Cir.) (575 F.3d 164) (August 3, 2009) (Judge Jon O. Newman) by Federal corrections officers' convictions for obstruction of justice and other crimes are affirmed where: 1) defendants' challenge to the sufficiency of the evidence was properly rejected as their actions were within the …

Al Rabiah v. U.S., No. 02-828 (CKK) (D.D.C.) (658 F.Supp.2d 11) (September 17, 2009) (Judge Coleen Kollar-Kotelly)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

Al Rabiah v. U.S., No. 02-828 (CKK) (D.D.C.) (658 F.Supp.2d 11) (September 17, 2009) (Judge Coleen Kollar-Kotelly) by Here, finding that the Government’s evidence in support of Al Rabiah’s indefinite detention was “surprisingly bare” and that his alleged confessions of terrorism “defy belief,” the Court granted his petition for a …

U.S. v. Stall, No. 08-4064 (6th Cir.) (581 F.3d 276) (September 11, 2009) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Stall, No. 08-4064 (6th Cir.) (581 F.3d 276) (September 11, 2009) (Judge Danny J. Boggs) by By now, there is little dispute that the Guidelines’ suggested sentencing ranges for child pornography offenses have become a major and hotly-contested battleground. The instant decision is another example of a Circuit …

Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (648 F.Supp.2d 1) (August 24, 2009) (Judge Coleen Kollar-Kotelly)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (648 F.Supp.2d 1) (August 24, 2009) (Judge Coleen Kollar-Kotelly) by Here, more than five years after the Supreme Court ruled (in Rasul v. Bush, 542 U.S. 466 (2004)) that Fawzi Khalid A.F. Al Odah had the right to challenge his …

U.S. v. Ness, No. 05-4401-cr (2nd Cir.) (565 F.3d 73) (May 8, 2009) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Ness, No. 05-4401-cr (2nd Cir.) (565 F.3d 73) (May 8, 2009) (Judge Ralph K. Jr. Winter) by Conviction for conspiring to commit three money laundering offenses is reversed where: 1) a reasonable jury could not find beyond a reasonable doubt that the purpose of defendant's transportation of narcotics …