Punch and Jurists

U.S. v. Tejada, No. 07-3419-cr (L) (2nd Cir.) (631 F.3d 614) (February 9, 2011) (Judge Reena Raggi) by [Editor's Note: For a commentary on this decision, see "Abbott Hole," by Steve Statsinger, as posted on the Second Circuit Blog on February 19, 2011 at http://circuit2.blogspot.com/2011/02/abbott-hole.html as follows: "The defendant here …

Abbott v. U.S., No. 09-479 (U.S. Supreme Court) (562 U.S. 8; 131 S.Ct. 18) (November 15, 2010) (Justice Ginsburg) by Here a unanimous Court held that defendants convicted of possession of a gun while selling drugs are subject to the five year mandatory minimum sentence on top of any other …

U.S. v. Parker, No. 08-4199-cr (2nd Cir.) (577 F.3d 143) (August 14, 2009) (Judge Reena Raggi) by Sentence for drug crimes is affirmed where: 1) the district court did not err in imposing consecutive prison terms under 18 U.S.C. § 924(c)(1)(A)(i) as the Whitley/Williams rule has no bearing on this …

U.S. v. Ballard, No. 08 CR 62(JSR) (S.D.N.Y.) (599 F.Supp.2d 539) (March 2, 2009) (Judge Jed S. Rakoff) by This is another in a series of recent decisions from the Second Circuit in which a court has refused to go along with the Government’s desire to squeeze out the maximum …

U.S. v. Williams, No. 07-2436-cr (2nd Cir.) (558 F.3d 166) (March 5, 2009) (Judge Rosemary S. Pooler) by Here, the Second Circuit held that a mandatory minimum sentence for gun possession or gun use may not be stacked on top of any other greater mandatory minimum penalty for the same …

U.S. v. Easter, No. 07-2433 (7th Cir.) (553 F.3d 519) (January 16, 2009) (Per Curiam) by U.S. v. Williams, 558 F.3d 116 (2nd Cir. Mar. 3, 2009) (Judge Pooler) U.S. v. Easter, 553 F.3d 519 (7th Cir. Jan. 16, 2009) (Per Curiam) These two decisions relate to the meaning and …

U.S. v. Whitley, No. 06-0131-cr (2nd Cir.) (529 F.3d 150) (June 16, 2008) (Judge Jon O. Newman) by A sentence imposing concurrent terms of 282 months for a Hobbs Act robbery and a career criminal firearms possession violation, plus a consecutive mandatory minimum term of 10-years for discharging a firearm, …