Skip navigation

Punch and Jurists: April 14, 2003

Issue PDF
Volume 10, Number 15

In this issue:

  1. U.S. v. Escamilla, No. CR.A.B093015109 (S.D.Tex.) (244 F.Supp.2d 761) (January 29, 2003) (Judge Andrew S. Hanen) (p None)
  2. Longenette v. Krusing, No. 00-3690 (3rd Cir.) (322 F.3d 758) (March 7, 2003) (Judge Anthony J. Scirica) (p None)
  3. Silveira v. Lockyer, No. 01-15098 (9th Cir.) (328 F.3d 567) (May 6, 2003) (Per Curiam) (p None)
  4. U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart) (p None)
  5. Modrowski v. Mote, No. 02-1804 (7th Cir.) (322 F.3d 965) (March 10, 2003) (Judge Michael S. Kanne) (p None)
  6. U.S. v. Bynum, No. 02-10016 (9th Cir.) (327 F.3d 986) (April 30, 2003) (Judge Arthur L. Alarcon) (p None)
  7. Kaupp v. Texas, No. 02-5636 (U.S. Supreme Court) (538 U.S. 626; 123 S.Ct. 1843) (May 5, 2003) (Per Curiam) (p None)

U.S. v. Escamilla, No. CR.A.B093015109 (S.D.Tex.) (244 F.Supp.2d 761) (January 29, 2003) (Judge Andrew S. Hanen)

A nine year delay between a defendant’s arrest and his indictment did not violate his speedy trial rights, because although the extraordinary length of the delay raised a presumption of prejudice, the defendant precipitated the delay by fleeing to Mexico for a couple of years and then “prolonged the delay ...

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

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 period based on the interests of justice.

On August 30, 1990, William Longenette, the appellant-petitioner in this case, ...

Silveira v. Lockyer, No. 01-15098 (9th Cir.) (328 F.3d 567) (May 6, 2003) (Per Curiam)

Here, with six judges dissenting, the Ninth Circuit refused to grant an en banc rehearing to the decision previously reported at 312 F.3d 1052, which held that the Second Amendment does not give individuals the right to bear arms.

Here, with six judges dissenting, the Ninth Circuit refused to grant ...

U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart)

U.S.S.G. § 5G1.2(d) requires that the district court impose consecutive sentences to equal the "total punishment" prescribed by the guidelines, when the maximum sentence required by the substantive criminal statute falls short of the minimum sentence required by the applicable Sentencing Guideline range.

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

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 of the filing deadline statute.

Paul Modrowski was a prisoner serving a life sentence in an Illinois state ...

U.S. v. Bynum, No. 02-10016 (9th Cir.) (327 F.3d 986) (April 30, 2003) (Judge Arthur L. Alarcon)

In this case the Ninth Circuit rejected a challenge to the facial constitutionally of 18 U.S.C. § 666 (pertaining to the theft of Federal funds), and ruled that a finding of a Federal nexus for a valid application of the Hobbs Act (18 U.S.C. § 1951) is a question of ...

Kaupp v. Texas, No. 02-5636 (U.S. Supreme Court) (538 U.S. 626; 123 S.Ct. 1843) (May 5, 2003) (Per Curiam)

Here the Court vacated a Texas state court's decision that officers did not violate the Fourth Amendment when they entered a suspect's house without a warrant, woke him with a flashlight, and told him, "we need to go and talk.".

In this brief and caustic decision, the Supreme Court Justices ...