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Punch and Jurists: December 15, 2003

Issue PDF
Volume 10, Number 50

In this issue:

  1. U.S. v. Peyton, No. 02-50482 (9th Cir.) (353 F.3d 1080) (December 31, 2003) (Judge Richard C. Tallman) (p None)
  2. Collins v. Rice, No. 01-56958 (9th Cir.) (348 F.3d 1082) (November 7, 2003) (Judge Richard A. Paez) (p None)
  3. U.S. v. Thurston, No. CR. 98-10026-EFH (D.Mass.) (286 F.Supp.2d 70) (October 2, 2003) (Judge Edward F. Harrington) (p None)
  4. Anderson v. Cornejo, No. 97 C 7556 (N.D.Ill.) (284 F.Supp.2d 1008) (September 4, 2003) (Judge William T. Hart) (p None)
  5. U.S. v. Turnbull, No. 03-1633 (8th Cir.) (349 F.3d 558) (November 14, 2003) (Judge Kermit Edward Bye) (p None)
  6. U.S. v. Phillips, No. 01-3515 (3rd Cir.) (349 F.3d 138) (November 12, 2003) (Judge Maryanne Trump Barry) (p None)
  7. U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 994) (July 2, 2003) (Judge William T. Hart) (p None)
  8. U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 942) (April 3, 2003) (Judge William T. Hart) (p None)
  9. U.S. v. Malik, No. 02 CR 972 (N.D.Ill.) (282 F.Supp.2d 833) (July 1, 2003) (Judge Milton I. Shadur) (p None)
  10. U.S. v. Stewart, No. 02-10318 (9th Cir.) (348 F.3d 1132) (November 13, 2003) (Judge Alex Kozinski) (p None)
  11. U.S. v. Perez-Ruiz, No. 02-1466 (1st Cir.) (353 F.3d 1) (December 19, 2003) (Judge Bruce M. Selya) (p None)

U.S. v. Peyton, No. 02-50482 (9th Cir.) (353 F.3d 1080) (December 31, 2003) (Judge Richard C. Tallman)

The defendant in this case, Fatima Peyton, was tried for and convicted of eight counts of falsely procuring credit cards in the names of fellow postal workers, in order to obtain goods and other things of value, in violation of 18 U.S.C. § 1029(e)(1). At sentencing, Judge Brewster of the ...

Collins v. Rice, No. 01-56958 (9th Cir.) (348 F.3d 1082) (November 7, 2003) (Judge Richard A. Paez)

Here a divided panel granted habeas relief to the petitioner, finding that there was clear and convincing evidence that the state prosecutor’s stated concern over a potential juror’s youthful age was a pretext for racial discrimination; and that the state courts had unreasonably applied clearly established federal law in rejecting ...

U.S. v. Thurston, No. CR. 98-10026-EFH (D.Mass.) (286 F.Supp.2d 70) (October 2, 2003) (Judge Edward F. Harrington)

Here, Judge Harrington recused himself from a remanded resentencing rather than impose the sentence ordered by the First Circuit and mandated by the Feeney Amendment, stating that some of the critical goals of the Guideines had been annulled.

The defendant is this case, William Thurston, a regional vice-president of Damon ...

Anderson v. Cornejo, No. 97 C 7556 (N.D.Ill.) (284 F.Supp.2d 1008) (September 4, 2003) (Judge William T. Hart)

In this long pending suit against the U.S. Customs Service for racial profiling of black women at the Chicago airport, Judge Hart declined to grant some of the defendants' motions to strike some of the startling statistical evidence supporting the claims.

The plaintiffs in this long-pending case consist of approximately ...

U.S. v. Turnbull, No. 03-1633 (8th Cir.) (349 F.3d 558) (November 14, 2003) (Judge Kermit Edward Bye)

The defendant in this case was convicted by a jury of possession of a firearm while being an unlawful user of a controlled substance. On appeal, he argued that the evidence was insufficient to prove he was an "unlawful user" and that the district court had abused its discretion in ...

U.S. v. Phillips, No. 01-3515 (3rd Cir.) (349 F.3d 138) (November 12, 2003) (Judge Maryanne Trump Barry)

Following a jury trial, the U.S. District Court for the Eastern District of Pennsylvania convicted and sentenced defendants for conspiracy to distribute more than 50 grams of crack cocaine under 21 U.S.C.S. § 846 and related charges. The jury also returned a supplemental verdict finding that the conspiracy involved 50 ...

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 994) (July 2, 2003) (Judge William T. Hart)

Here the Court held that the defendant was entitled to a two-level sentence reduction for acceptance of responsibility, even though he attempted to withdraw his plea before sentencing, because the court took a different view the sentence calculation.

Defendant pled guilty to one count of a superseding indictment charging him ...

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 942) (April 3, 2003) (Judge William T. Hart)

This case is noted for its detailed analysis of the scope and impact of various Amendments to the Fed.R.Crim.P. enacted in 2002 relating to both the acceptance and the withdrawal of both guilty pleas and plea agreements. It is also noted for it discussion of a prevailing Circuit split about ...

U.S. v. Malik, No. 02 CR 972 (N.D.Ill.) (282 F.Supp.2d 833) (July 1, 2003) (Judge Milton I. Shadur)

Here the Court rejected, as clearly inappropriate, the automatic and mechanistic application of USSG § 2G2.2 to all the child pornography crimes covered in 18 USC § 2252A, holding that some of those crimes should be governed by the less severe § 2G2.4.

The defendant in this case downloaded child ...

U.S. v. Stewart, No. 02-10318 (9th Cir.) (348 F.3d 1132) (November 13, 2003) (Judge Alex Kozinski)

Here the Court held that held that Congress could not, under the Commerce Clause, prohibit the mere possession of a homemade machine gun and it thus vacated the defendant's conviction under 18 USC § 922(o) where the gun was homemade.

Here a divided panel held that Congress could not, under ...

U.S. v. Perez-Ruiz, No. 02-1466 (1st Cir.) (353 F.3d 1) (December 19, 2003) (Judge Bruce M. Selya)

Here the Court held that even though the indictment charged drug types and quantities sufficient to bring the defendant’s sentence within the life imprisonment authorized by 21 U.S.C. § 841(b)(1)(A), and even though the district court made a somewhat vague reference to that statutory provision in its instructions to the ...