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Kokesh v. S.E.C., No. 16-529 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1635) (June 5, 2017) (Justice Sotomayor)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Statutes of Limitation and Laches

Kokesh v. S.E.C., No. 16-529 (U.S. Supreme Court) (581 U.S. ___; 137 S.Ct. 1635) (June 5, 2017) (Justice Sotomayor) by

U.S. v. Lyttle, No. 09-5195-cr (L) (2nd Cir.) (667 F.3d 220) (February 1, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

U.S. v. Lyttle, No. 09-5195-cr (L) (2nd Cir.) (667 F.3d 220) (February 1, 2012) (Judge Debra Ann Livingston) by In a prosecution for numerous offenses relating to the defendant's involvement in a fraudulent high-yield investment program, before which the district court had granted a government application to suspend the statute …

U.S. v. Rosales-Garcia, No. 10-4224 (10th Cir.) (667 F.3d 1348) (February 7, 2012) (Judge William J. Jr. Holloway)

Article • February 20, 2012 • from P&J February, 2012

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Rosales-Garcia, No. 10-4224 (10th Cir.) (667 F.3d 1348) (February 7, 2012) (Judge William J. Jr. Holloway) by In this case, the Tenth Circuit addressed the meaning of U.S.S.G. § 2L1.2, an awkwardly phrased provision of the Guidelines that applies to defendants who illegally reenter the United States in …

Whitley v. Ercole, No. 10-3119-pr (2nd Cir.) (642 F.3d 278) (June 7, 2011) (Judge Debra Ann Livingston)

Article • December 1, 2011

Filed under: Punch And Jurists, Failure to Object/Late Objections

Whitley v. Ercole, No. 10-3119-pr (2nd Cir.) (642 F.3d 278) (June 7, 2011) (Judge Debra Ann Livingston) by In a petition for habeas relief from defendant’s conviction for murder, judgment of the district granting relief on the basis of the trial court’s failure to inform jury that testimony provided by …

U.S. v. Perez-Frias, No. 10-1401-cr (2nd Cir.) (636 F.3d 39) (March 31, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Perez-Frias, No. 10-1401-cr (2nd Cir.) (636 F.3d 39) (March 31, 2011) (Per Curiam) by Conviction and sentencing of defendant, a Dominican national, for illegal reentry into the US under 8 U.S.C. §§ 1326(a) and 1326(b)(2) is upheld where the imposition of a below-Guidelines sentence of a prison term …

U.S. v. Folkes, No. 09-3389-cr (2nd Cir.) (622 F.3d 152) (September 29, 2010) (Per Curiam)

Article • November 1, 2010

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Folkes, No. 09-3389-cr (2nd Cir.) (622 F.3d 152) (September 29, 2010) (Per Curiam) by Defendant's sentence for illegal reentry and aggravated identity theft is vacated where the district court erred in its calculation of defendant's Sentencing Guidelines range with respect to the illegal reentry count when it applied …

U.S. v. Connolly, No. 06-3139-cr (2nd Cir.) (552 F.3d 86) (December 4, 2008) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Connolly, No. 06-3139-cr (2nd Cir.) (552 F.3d 86) (December 4, 2008) (Judge William K. III Sessions) by Conviction for illegal reentry into the U.S. as a convicted felon in violation of 8 U.S.C. section 1326(b)(2) is affirmed over claim of error that the charge should have been vacated …

U.S. v. Amaya-Portillo, No. 04-4672 (4th Cir.) (423 F.3d 427) (September 6, 2005) (Judge James C. Cacheris)

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

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Amaya-Portillo, No. 04-4672 (4th Cir.) (423 F.3d 427) (September 6, 2005) (Judge James C. Cacheris) by U.S. v. Amaya-Portillo, 423 F.3d 427 (4th Cir. 09/06/05) (Judge Cacheris) Lopez v. Gonzalez, 417 F.3d 934 (8th Cir. 09/09/05) (Judge Gruender) In Amaya-Portillo, a divided panel from the Fourth Circuit reversed …

U.S. v. Rodriguez, No. 04-4157-cr (2nd Cir.) (416 F.3d 123) (July 20, 2005) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Rodriguez, No. 04-4157-cr (2nd Cir.) (416 F.3d 123) (July 20, 2005) (Judge Chester J. Straub) by Here the Second Circuit held that the crime of attempted reentry into the United States following deportation, in violation of 8 U.S.C. § 1326(a), is not a specific intent offense, and thus …

U.S. v. Titterington, No. Crim. No. 02-20165 (W.D.Tenn.) (354 F.Supp.2d 778) (February 3, 2005) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

U.S. v. Titterington, No. Crim. No. 02-20165 (W.D.Tenn.) (354 F.Supp.2d 778) (February 3, 2005) (Judge Bernice B. Donald) by

Baldayaque v. U.S., No. 02-2611 (2nd Cir.) (338 F.3d 145) (July 30, 2003) (Judge Thomas J. Meskill)

Article • September 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

Baldayaque v. U.S., No. 02-2611 (2nd Cir.) (338 F.3d 145) (July 30, 2003) (Judge Thomas J. Meskill) by Here, clarifying its prior decision in Smaldone v. Senkowski, 273 F.3d 133, the Court held that attorney conduct that is "suficiently egregious" may be enough to toll a statute of limitations for …

Longenette v. Krusing, No. 00-3690 (3rd Cir.) (322 F.3d 758) (March 7, 2003) (Judge Anthony J. Scirica)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

Longenette v. Krusing, No. 00-3690 (3rd Cir.) (322 F.3d 758) (March 7, 2003) (Judge Anthony J. Scirica) by Here, after vacating a forfeiture order obtained by summary judgment, the Court invoked the doctrine of equitable estoppel to allow the government to re-file its proceeding some 5 years after the limitations …

Modrowski v. Mote, No. 02-1804 (7th Cir.) (322 F.3d 965) (March 10, 2003) (Judge Michael S. Kanne)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

Modrowski v. Mote, No. 02-1804 (7th Cir.) (322 F.3d 965) (March 10, 2003) (Judge Michael S. Kanne) by Here the Court held that, notwithstanding a defense attorney’s conceded incapacity, which caused him to miss (by one day) a habeas filing deadline, the petitioner was not entitled to any equitable tolling …

U.S. v. Torres, No. 02-11082 (11th Cir.) (318 F.3d 1058) (January 17, 2003) (Judge Charles R. Wilson)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

U.S. v. Torres, No. 02-11082 (11th Cir.) (318 F.3d 1058) (January 17, 2003) (Judge Charles R. Wilson) by An initial response from foreigh authority, which inadvertently omitted several documents within the subject matter if the Government's request for evidence, did not constitute a "final action" for purposes of tolling the …

U.S. v. Carlos-Colmenares, No. 00-3632 (7th Cir.) (253 F.3d 276) (June 7, 2001) (Judge Richard A. Posner)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Carlos-Colmenares, No. 00-3632 (7th Cir.) (253 F.3d 276) (June 7, 2001) (Judge Richard A. Posner) by Here, reversing a 1982 decision of the Seventh Circuit and joining with all the other Circuits to have ruled on the issue, the Court held that intent to reenter the country without …

Kowalczyk v. I.N.S., No. 99-9541 (10th Cir.) (245 F.3d 1143) (April 6, 2001) (Judge Carlos Lucero)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Estoppel

Kowalczyk v. I.N.S., No. 99-9541 (10th Cir.) (245 F.3d 1143) (April 6, 2001) (Judge Carlos Lucero) by This is one of those snippets of justice that raises eye-brows about the treatment we accord to aliens - while we are quick to tell other nations to treat their immigrants more fairly. …

U.S. v. Gracidas-Ulibarry, No. 98-50610 (9th Cir.) (231 F.3d 1188) (November 7, 2000) (Judge Raymond C. Fisher)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Illegal Reentry

U.S. v. Gracidas-Ulibarry, No. 98-50610 (9th Cir.) (231 F.3d 1188) (November 7, 2000) (Judge Raymond C. Fisher) by Here the Court held that a conviction for attempt to reenter the U.S. without the consent of the Attorney General, in violation of 8 USC § 1326, requires a jury finding that …

Whalem/Hunt v. Early, No. 99-55627 (9th Cir.) (233 F.3d 1146) (December 7, 2000) (Per Curiam)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

Whalem/Hunt v. Early, No. 99-55627 (9th Cir.) (233 F.3d 1146) (December 7, 2000) (Per Curiam) by Here the en banc court held that it was error to dismiss as untimely a prisoner's habeas petition without giving him a hearing to allow him to prove that the absence of adequate materials …

U.S. v. Rojas-Contreras, No. 84-1023 (U.S. Supreme Court) (474 U.S. 231; 106 S.Ct. 555) (December 16, 1985) (Justice Burger)

Article • January 3, 2000

Filed under: Punch And Jurists, Superseding Indictments

U.S. v. Rojas-Contreras, No. 84-1023 (U.S. Supreme Court) (474 U.S. 231; 106 S.Ct. 555) (December 16, 1985) (Justice Burger) by Here the Court held the Speedy Trial Act, and particularly the provisions of § 3161(c)(2), does not require that the 30-day preparation period specified therein be restarted upon the filing …

U.S. v. Sclafani, No. Crim. No. 97-405 (D.N.J.) (996 F.Supp. 400) (March 11, 1998) (Judge Stephen M. Orlofsky)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Failure to Object/Late Objections

U.S. v. Sclafani, No. Crim. No. 97-405 (D.N.J.) (996 F.Supp. 400) (March 11, 1998) (Judge Stephen M. Orlofsky) by Case concluded that defendant had merely forfeited (rather than waived) objections to restitution order, which permitted court to vacate order on grounds that Magistrate had failed to make specific factual findings …