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Amador v. Andrews, No. 08-2079-pr (2nd Cir.) (655 F.3d 89) (August 19, 2011) (Judge Ralph K. Jr. Winter)

Article • December 1, 2011

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

Amador v. Andrews, No. 08-2079-pr (2nd Cir.) (655 F.3d 89) (August 19, 2011) (Judge Ralph K. Jr. Winter) by [Editor's Note: For a commentary on this decision, see "Circuit Revives Abuse Claims by 3 Female Ex-Inmates," by Joel Stashenko as published in the New York Law Journal on August 22, …

U.S. v. Frabizio, No. 05-2034 (1st Cir.) (459 F.3d 80) (August 16, 2006) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Dost Factors

U.S. v. Frabizio, No. 05-2034 (1st Cir.) (459 F.3d 80) (August 16, 2006) (Judge Sandra L. Lynch) by U.S. v. Frabizio, 445 F.Supp.2d 152 (D.Mass. Aug. 11, 2006) (Judge Gertner) (“Frabizio I”) U.S. v. Frabizio, 459 F.3d 80 (1st Cir. Aug. 16, 2006) (Judge Lynch) (“Frabizio II”) Both of these …

Johnson v. Johnson, No. 03-10455 (5th Cir.) (385 F.3d 503) (September 8, 2004) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

Johnson v. Johnson, No. 03-10455 (5th Cir.) (385 F.3d 503) (September 8, 2004) (Judge Carolyn Dineen King) by In this case, a former inmate brought a sexual discrimination case under 42 U.S.C. § 1983 against Texas prison officials alleging that they deliberately placed him in the general population knowing that …

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs)

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

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Pharis, No. 98-3228 (8th Cir.) (176 F.3d 434) (May 3, 1999) (Judge Howard F. Sachs) by Here the Court denied a Government request to impose a 5-level enhancement under USSG § 2G2.2(b)(4) on the grounds that there is a distinction between sexual harassment and sexual abuse or exploitation. …

U.S. v. Amirault, No. 98-1353 (1st Cir.) (173 F.3d 28) (April 2, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Amirault, No. 98-1353 (1st Cir.) (173 F.3d 28) (April 2, 1999) (Judge Norman H. Stahl) by In this case the First Circuit reversed an enhanced sentence for trafficking in "sexually explicit" materials by concluding that the nude photograph of a young female did not meet the statutory definition …

U.S. v. Kemmish, No. 96-50241 (9th Cir.) (120 F.3d 937) (July 15, 1997) (Judge Edward Leavy)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Kemmish, No. 96-50241 (9th Cir.) (120 F.3d 937) (July 15, 1997) (Judge Edward Leavy) by Case held that defendant's activities as a "trafficker" in child pornography did not constitute a pattern of sexual exploitation that would support a sentence enhancement under § 2G2.2(b)(4).

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Ketcham, No. 95-5002 (3rd Cir.) (80 F.3d 789) (March 29, 1996) (Judge Walter K. Stapleton) by Case held that a person who possesses child pornography does not exploit a minor even though the materials "involved" the sexual exploitation of the minor by the producer.

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Sexual Abuse/Harrassment/Exploitation

U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard) by While the court acknowledged that some courts have been "unwilling to make a broad generalization that those convicted of receiving child pornography also ordinarily abise children", it concluded that § 2G2.2 would …

U.S. v. Dost, No. Crim. No. 86-0036-GT (S.D.Cal.) (636 F.Supp. 832) (June 12, 1986) (Judge Gordon Jr. Thompson)

Article • January 1, 1994

Filed under: Punch And Jurists, Dost Factors

U.S. v. Dost, No. Crim. No. 86-0036-GT (S.D.Cal.) (636 F.Supp. 832) (June 12, 1986) (Judge Gordon Jr. Thompson) by Defendants were indicted for alleged violations of 18 U.S.C. § 2251(a) (using a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct); 18 …