Punch and Jurists: October 13, 2003

Volume 10, Number 41

In this issue:

Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson) (p None)
Benton v. Ashcroft, No. 03 CV 0270 BTM(LSP) (S.D.Cal.) (273 F.Supp.2d 1139) (July 25, 2003) (Judge Barry Ted Moskowitz) (p None)
U.S. v. Gonzales, No. 01-2186 (10th Cir.) (344 F.3d 1036) (April 29, 2003) (Judge Mary Beck Briscoe) (p None)
U.S. v. Jenkins, No. 02-5573 (6th Cir.) (345 F.3d 928) (October 9, 2003) (Judge Richard Mills) (p None)
U.S. v. Perella, No. Crim. No. 02-10141-NG (D.Mass.) (273 F.Supp.2d 162) (July 30, 2003) (Judge Nancy Gertner) (p None)
U.S. v. Diaz, No. 2:02CR530 (D.Utah) (274 F.Supp.2d 1225) (August 4, 2003) (Judge J. Thomas Greene) (p None)
U.S. v. Miller, No. 02-3831 (7th Cir.) (343 F.3d 888) (September 8, 2003) (Judge Michael S. Kanne) (p None)
Estes v. Federal Bureau of Prisons, No. Civ. No. 03-0070-CB-L (S.D.Ala.) (273 F.Supp.2d 1301) (July 24, 2003) (Judge Charles R. Jr. Butler) (p None)
U.S. v. Cassese, No. 03 Cr. 302 (RWS) (S.D.N.Y.) (273 F.Supp.2d 481) (July 23, 2003) (Judge Robert W. Sweet) (p None)

Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Punch And Jurists, Failure to Address/Advise Defendant.

In 1995, a Federal grand jury charged Eddie D. Smith, then a prison guard at the Federal Medical Center in Lexington, KY (“FMC”), with eight counts of sexual misconduct against four different female prisoners housed at FMC. Protesting his innocence, Smith went to trial, where he was convicted on seven …

Benton v. Ashcroft, No. 03 CV 0270 BTM(LSP) (S.D.Cal.) (273 F.Supp.2d 1139) (July 25, 2003) (Judge Barry Ted Moskowitz)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Punch And Jurists.

Petitioner inmate sought a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging her sentence and confinement by the Federal Bureau of Prisons (BOP) in a federal correction institution (FCI) rather than in community confinement.

The inmate pleaded guilty to mail fraud in violation of 18 U.S.C.S. § …

U.S. v. Gonzales, No. 01-2186 (10th Cir.) (344 F.3d 1036) (April 29, 2003) (Judge Mary Beck Briscoe)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Sanctions, Punch And Jurists.

During the course of a complex criminal prosecution of 23 members of an Albuquerque street gang for various crimes, Judge Vazquez of the D.N.Mex. found that the lead prosecutor in the case, AUSA Thomas L. English, had engaged in gross misconduct and flagrant bad faith that warranted the suppression of …

U.S. v. Jenkins, No. 02-5573 (6th Cir.) (345 F.3d 928) (October 9, 2003) (Judge Richard Mills)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Punch And Jurists, Evidence - Admissibility.

U.S. v. Perella, No. Crim. No. 02-10141-NG (D.Mass.) (273 F.Supp.2d 162) (July 30, 2003) (Judge Nancy Gertner)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Punch And Jurists, Post-Offense Conduct.

In this sentencing memorandum, Judge Gertner explained her reasons for imposing a sentence of probation on the defendant, Anthony Perella, who had acted as the getaway driver in three separate bank robberies in Massachusetts in June of 2001. After finding that Perella’s crimes “resulted from his severe addiction to drugs” …

U.S. v. Diaz, No. 2:02CR530 (D.Utah) (274 F.Supp.2d 1225) (August 4, 2003) (Judge J. Thomas Greene)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Punch And Jurists, Forum/Judge Shopping.

This is a scathing decision in which a livid Judge Greene blasted the Government for attempting to use blatant “forum and jurisdiction shopping” as a means of seizing total control over all aspects of the sentencing of three defendants - a tactic that he described as an “assault upon judicial …

U.S. v. Miller, No. 02-3831 (7th Cir.) (343 F.3d 888) (September 8, 2003) (Judge Michael S. Kanne)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Punch And Jurists, Remorse.

The defendant in this case was convicted for possession of child pornography after his wife discovered images on a computer. A search of the computer revealed 700 to 750 images of child pornography. Defendant admitted his guilt and sought a downward departure for acceptance of responsibility. The trial court denied …

Estes v. Federal Bureau of Prisons, No. Civ. No. 03-0070-CB-L (S.D.Ala.) (273 F.Supp.2d 1301) (July 24, 2003) (Judge Charles R. Jr. Butler)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Punch And Jurists, 10% Limitation.

Plaintiff prisoners challenged a policy of defendant federal bureau of prisons (BOP) which addressed the incarceration of federal prisoners in Community Corrections Centers (CCCs) and provided that the prisoners could no longer be designated to serve their terms of imprisonment in CCCs.

The prisoners contended, inter alia, that the BOP …

U.S. v. Cassese, No. 03 Cr. 302 (RWS) (S.D.N.Y.) (273 F.Supp.2d 481) (July 23, 2003) (Judge Robert W. Sweet)

Loaded on Oct. 1, 2003 published in Punch and Jurists October 13, 2003

Filed under: Punch And Jurists, Misappropriation Liability/Theory.

The defendant in this case, John Cassese, was the President of a computer company that provided temporary staffing of computer and information technology personnel. In 1999, he began meeting with Peter Karmanos, the chief executive officer of a competitor company to discuss a possible amalgamation of the two companies. After …