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Punch and Jurists: February 10, 2003

Issue PDF
Volume 10, Number 6

In this issue:

  1. U.S. v. Angle, No. 01-3670 (7th Cir.) (315 F.3d 810) (January 10, 2003) (Judge Ann Claire Williams) (p None)
  2. Clay v. U.S., No. 01-1500 (U.S. Supreme Court) (537 U.S. 522; 123 S.Ct. 1072) (March 4, 2003) (Justice Ginsburg) (p None)
  3. Davis v. Kelly, No. 01-2067 (2nd Cir.) (316 F.3d 125) (January 7, 2003) (Per Curiam) (p None)
  4. Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger) (p None)
  5. U.S. v. Conrad, No. 02-1292 (8th Cir.) (320 F.3d 851) (February 28, 2002) (Judge Michael J. Melloy) (p None)
  6. Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty) (p None)
  7. U.S. v. Ramirez-Lopez, No. 01-50164 (9th Cir.) (315 F.3d 1143) (January 9, 2003) (Judge Richard F. Cebull) (p None)
  8. U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (234 F.Supp.2d 595) (December 19, 2002) (Judge Robert E. Payne) (p None)

U.S. v. Angle, No. 01-3670 (7th Cir.) (315 F.3d 810) (January 10, 2003) (Judge Ann Claire Williams)

Ralph Angle was convicted of receiving and possessing child pornography and using interstate commerce to entice a child under 18 years old to engage in a sex act. He was originally sentenced to 325 months (27 years) in prison, but that sentence was set aside when the Seventh Circuit concluded ...

Clay v. U.S., No. 01-1500 (U.S. Supreme Court) (537 U.S. 522; 123 S.Ct. 1072) (March 4, 2003) (Justice Ginsburg)

Here the Court clarified the starting date for the one-year limitation period governing habeas petitions filed by state and federal prisoners under 28 U.S.C. § 2254 and 2255, effectively holding that they have one year plus 90 days to file their petitions.

Six years after Congress revolutionized habeas jurisdiction by ...

Davis v. Kelly, No. 01-2067 (2nd Cir.) (316 F.3d 125) (January 7, 2003) (Per Curiam)

The petitioner was indicted on a charge of murdering his wife. His first trial began on Sept. 18, 1987 and ended in a mistrial. Due to a series of delays, petitioner was not retried until 1991. Petitioner's son was present in the family's apartment when the murder took place and ...

Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger)

U.S. v. Conrad, No. 02-1292 (8th Cir.) (320 F.3d 851) (February 28, 2002) (Judge Michael J. Melloy)

Here the Court vacated a gun conviction because of the cumulative prejudicial effect of comments by the prosecutor about the purpose of the gun control laws, which it said have “absolutely no relevance to the issue at trial”.

The defendant in this case accomplished a rare feat: he actually convinced ...

Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty)

Here the Court granted the petitioner a writ of habeas corpus, concluding that the BOP's denial of a one-year sentence reduction after petitioner successfully completing a drug treatment program was arbitrary and contrary to the BOP's Program Statement.

Here, based on the efforts of Stephen R. Sady, the indefatigable Federal ...

U.S. v. Ramirez-Lopez, No. 01-50164 (9th Cir.) (315 F.3d 1143) (January 9, 2003) (Judge Richard F. Cebull)

The defendant in this case, Juan Ramirez-Lopez (”Ramirez”), was one of a group of 16 Mexicans who were arrested in March, 2000 crossing the border into the United States from Mexico. Due to inclement weather, a member of that group died of hypothermia; and Ramirez himself was taken to a ...

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (234 F.Supp.2d 595) (December 19, 2002) (Judge Robert E. Payne)

Technically, the defendant in this case, Cornelius Lester, was charged with “interference with commerce by force” in violation of 18 U.S.C. § 1951. In the wonderful world of Federal criminal law parlance, that meant he attempted to rob a local convenience store. Of course, the state penalty for such crimes ...