Punch and Jurists: August 4, 2003

Volume 10, Number 31

In this issue:

U.S. v. Warren, No. 02-3110 (3rd Cir.) (338 F.3d 258) (August 7, 2003) (Judge Ruggero J. Aldisert) (p None)
U.S. v. Chase, No. 01-30200 (9th Cir.) (340 F.3d 978) (August 22, 2003) (Judge Susan P. Graber) (p None)
Prison Legal News v. Lehman, No. C01-1911L (W.D.Wash.) (272 F.Supp.2d 1151) (June 17, 2003) (Judge Robert S. Lasnik) (p None)
Lewis v. Gagne, No. 1:02-CV-129 (N.D.N.Y.) (281 F.Supp.2d 429) (August 20, 2003) (Judge David N. Hurd) (p None)
U.S. v. Torres-Aquino, No. 02-2075 (10th Cir.) (334 F.3d 939) (July 2, 2003) (Judge Terrence L. O'Brien) (p None)
U.S. v. Mayle, No. 01-3696 (6th Cir.) (334 F.3d 552) (July 1, 2003) (Judge Robert Holmes Bell) (p None)
U.S. v. Williams, No. CR 102-011 (S.D.Ga.) (260 F.Supp.2d 1368) (May 7, 2003) (Judge Dudley H. Jr. Bowen) (p None)
Zimmerman v. Simmons, No. Civil No. 00-3370-GTV (D.Kan.) (260 F.Supp.2d 1077) (April 28, 2003) (Judge G. Thomas Van Bebber) (p None)
U.S. v. Washington, No. 3:02CR146 (JBA) (D.Conn.) (263 F.Supp.2d 413) (May 15, 2003) (Judge Janet Bond Arterton) (p None)
Doe v. City of Layayette, Indiana, No. 01-3624 (7th Cir.) (334 F.3d 606) (June 27, 2003) (Judge Ann Claire Williams) (p None)
U.S. v. Sartin, No. CR 01-347-PA (D.Or.) (262 F.Supp.2d 1154) (March 19, 2003) (Judge Owen M. Panner) (p None)

U.S. v. Warren, No. 02-3110 (3rd Cir.) (338 F.3d 258) (August 7, 2003) (Judge Ruggero J. Aldisert)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists.

As a matter of first impression for the Third Circuit, the Court held that a defendant may not invoke the Fifth Amendment and refuse to provide the government with additional information pursuant to 18 U.S.C. § 3553(f)(5) and U.S.S.G. § 5C1.2 and still qualify to receive the benefits of a …

U.S. v. Chase, No. 01-30200 (9th Cir.) (340 F.3d 978) (August 22, 2003) (Judge Susan P. Graber)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Doctor/Patient Privilege.

In this case a divided en banc court held that, even though the threats that the defendant communicated to his psychiatrist arguably constituted a crime, the psychotherapist-patient privilege, which is recognized by statute in all 50 states and was specifically recognized by the Supreme Court in Jaffee v. Redmond, 518 …

Prison Legal News v. Lehman, No. C01-1911L (W.D.Wash.) (272 F.Supp.2d 1151) (June 17, 2003) (Judge Robert S. Lasnik)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Prison Mail.

Lewis v. Gagne, No. 1:02-CV-129 (N.D.N.Y.) (281 F.Supp.2d 429) (August 20, 2003) (Judge David N. Hurd)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Prison Litigation Reform Act (PLRA).

Here, in a case of first impression, the Court held that juvenile delinquents detained by the State are covered by the Prison Litigation Reform Act, and thus must exhaust all administrative remedies before seeking relief about prison conditions in court.

U.S. v. Torres-Aquino, No. 02-2075 (10th Cir.) (334 F.3d 939) (July 2, 2003) (Judge Terrence L. O'Brien)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity.

Here the Court held that Guideline Amendment 632, which replaced the 16-level increase in offense level previously mandated for illegal reentry defendants with aggravated felonies with an 8 to 16 level increase could not be applied retroactively.

In this case, the Court held that Guideline Amendment 632, which eliminated the …

U.S. v. Mayle, No. 01-3696 (6th Cir.) (334 F.3d 552) (July 1, 2003) (Judge Robert Holmes Bell)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Relevant Conduct.

Here the Court upheld a 23-level upward departure and resulting 30 year increase in the sentence of a defendant convicted of forgery and cashing a victim’s social security checks and which called for a Guidelines sentencing range of 15 to 21 months, based on the district court’s finding (by a …

U.S. v. Williams, No. CR 102-011 (S.D.Ga.) (260 F.Supp.2d 1368) (May 7, 2003) (Judge Dudley H. Jr. Bowen)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence.

Zimmerman v. Simmons, No. Civil No. 00-3370-GTV (D.Kan.) (260 F.Supp.2d 1077) (April 28, 2003) (Judge G. Thomas Van Bebber)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Prison Mail.

U.S. v. Washington, No. 3:02CR146 (JBA) (D.Conn.) (263 F.Supp.2d 413) (May 15, 2003) (Judge Janet Bond Arterton)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues.

Defendant moved under Fed. R. Crim. P. 33 to vacate his conviction after jury trial for being a felon in possession of a firearm in violation of 18 U.S.C.S. § 922(g) and correspondingly for a new trial.

First, the court determined that the government failed to disclose material evidence. The …

Doe v. City of Layayette, Indiana, No. 01-3624 (7th Cir.) (334 F.3d 606) (June 27, 2003) (Judge Ann Claire Williams)

Loaded on Aug. 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Travel Restrictions.

Here the Court held that a City order, entered without notice of a hearing, banning the petitioner, a convicted sex offender, from all city parks - including a golf course, a sports stadium and city pools - violates the First Amendment.

The plaintiff in this cse, a convicted sex offender, …

U.S. v. Sartin, No. CR 01-347-PA (D.Or.) (262 F.Supp.2d 1154) (March 19, 2003) (Judge Owen M. Panner)

Loaded on July 1, 2003 published in Punch and Jurists August 04, 2003

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions.