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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. Barson, No. 15-20416 (5th Cir.) (845 F.3d 159) (December 16, 2016) (Per Curiam)

Article • February 27, 2017 • from P&J February, 2017

Filed under: Punch And Jurists, Number of Victims

U.S. v. Barson, No. 15-20416 (5th Cir.) (845 F.3d 159) (December 16, 2016) (Per Curiam) by This Medicare fraud case is noted for its debate (between the majority and the dissent) over the proper interpretation of the term “victim” as used both in general for sentencing enhancement purposes, and more …

U.S. v. Clinton, No. 15-1346 (7th Cir.) (825 F.3d 809) (June 16, 2016) (Judge Ilana Diamond Rovner)

Article • October 17, 2016 • from P&J October, 2016

Filed under: Punch And Jurists, Mere Speculation

U.S. v. Clinton, No. 15-1346 (7th Cir.) (825 F.3d 809) (June 16, 2016) (Judge Ilana Diamond Rovner) by Here the Court vacated a sentence on the grounds that the district court’s factual findings were insufficient to support the four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for the use or possession …

U.S. v. Maymi-Maysonet, No. 14-2183 (1st Cir.) (812 F.3d 233) (February 5, 2016) (Judge Michael Daly Hawkins)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Evidence - Circumstantial

U.S. v. Maymi-Maysonet, No. 14-2183 (1st Cir.) (812 F.3d 233) (February 5, 2016) (Judge Michael Daly Hawkins) by This is a decision that epitomizes the astute wisdom of Judge Learned Hand’s warning many years ago that “so many prosecutors seek to sweep within the drag-net of conspiracy all those who …

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. Rodriguez, No. 11-15911 (11th Cir.) ( F.3d ) (October 16, 2013) (Judge Beverly B. Martin)

Article • October 21, 2013 • from P&J October, 2013

Filed under: Punch And Jurists, Number of Victims

U.S. v. Rodriguez, No. 11-15911 (11th Cir.) ( F.3d ) (October 16, 2013) (Judge Beverly B. Martin) by Manuel Rodriguez was convicted at trial of conspiracy to commit wire fraud and wire fraud in violation of 18 U.S.C. §§ 1348 and 1343. He was sentenced to 120 months in prison, …

Capital Mgmt. Select Fund, Ltd v. Bennett, No. 08-6166-cv (L) (2nd Cir.) (670 F.3d 194) (January 10, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Rule 10(b)(5)

Capital Mgmt. Select Fund, Ltd v. Bennett, No. 08-6166-cv (L) (2nd Cir.) (670 F.3d 194) (January 10, 2012) (Judge Ralph K. Jr. Winter) by In a securities fraud action stemming from a broker's rehypothecation or other use of securities and other property held in customer brokerage accounts, the district court's …

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. Sekhar, No. 11-4298 (2nd Cir.) (683 F.3d 436) (June 26, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2012

Filed under: Punch And Jurists, Property Right

U.S. v. Sekhar, No. 11-4298 (2nd Cir.) (683 F.3d 436) (June 26, 2012) (Judge Dennis G. Jacobs) by An attorney's ability to offer "sound legal advice" is a property right that can support a charge of extortion if it is taken away from him, the Second Circuit has ruled in …

U.S. v. Caronia, No. 09-5006-cr (2nd Cir.) (703 F.3d 149) (December 3, 2012) (Judge Denny Chin)

Article • December 1, 2012

Filed under: Punch And Jurists, Federal Drug and Cosmetic Act (FDCA)

U.S. v. Caronia, No. 09-5006-cr (2nd Cir.) (703 F.3d 149) (December 3, 2012) (Judge Denny Chin) by Defendant's conviction for conspiracy to introduce a misbranded drug into interstate commerce in violation of the Federal Drug and Cosmetic Act (FDCA), is vacated and remanded where the government cannot prosecute pharmaceutical manufacturers …

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" …

Latif v. Obama, No. 10-5319 (D.C. Cir.) (677 F.3d 1175) (April 27, 2012) (Judge Janice Rogers Brown)

Article • December 1, 2012

Filed under: Punch And Jurists, Presumption of Regularity

Latif v. Obama, No. 10-5319 (D.C. Cir.) (677 F.3d 1175) (April 27, 2012) (Judge Janice Rogers Brown) by Here a divided panel held for the first time that, in habeas proceedings involving Guantanamo detainees, district courts must afford a “presumption of regularity” to secret Government intelligence reports when judging whether …

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. …

Latif v. Obama, No. 10-5319 (D.C. Cir.) (666 F.3d 746) (October 14, 2011) (Judge Janice Rogers Brown)

Article • November 28, 2011 • from P&J November, 2011

Filed under: Punch And Jurists, Presumption of Regularity

Latif v. Obama, No. 10-5319 (D.C. Cir.) (666 F.3d 746) (October 14, 2011) (Judge Janice Rogers Brown) by Here a divided panel held for the first time that, in habeas proceedings involving Guantanamo detainees, district courts must afford a “presumption of regularity” to secret Government intelligence reports when judging whether …

Uthman v. Obama, No. 10-5235 (D.C. Cir.) (637 F.3d 400) (March 29, 2011) (Judge Brett M. Kavanaugh)

Article • April 4, 2011 • from P&J April, 2011

Filed under: Punch And Jurists, More Likely Than Not a Member of al Qaeda

Uthman v. Obama, No. 10-5235 (D.C. Cir.) (637 F.3d 400) (March 29, 2011) (Judge Brett M. Kavanaugh) by Here the Court reversed a grant of habeas relief to a Yemeni citizen who has been held at Guantanamo since 2002, by applying its new and more pro-Government “more likely than not” …

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. …