Skip navigation

Punch and Jurists: February 24, 2003

Issue PDF
Volume 10, Number 8

In this issue:

  1. U.S. v. Ahmed, No. 02-51350 (5th Cir.) (324 F.3d 368) (March 10, 2003) (Judge Harold R. Jr. DeMoss) (p None)
  2. Al Odah v. U.S., No. 02-5251 (D.C. Cir.) (321 F.3d 1134) (March 11, 2003) (Judge A. Raymond Randolph) (p None)
  3. Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (273 F.Supp.2d 327) (February 11, 2003) (Judge Charles S. Jr. Haight) (p None)
  4. U.S. v. Goodwin, No. 01-3070 (D.C. Cir.) (317 F.3d 293) (January 31, 2003) (Judge Stephen F. Williams) (p None)
  5. U.S. v. Banuelos, No. 01-50051 (9th Cir.) (322 F.3d 700) (March 10, 2003) (Judge Raymond C. Fisher) (p None)
  6. Padilla ex rel. Newman v. Rumsfeld, No. 02 Civ. 4445 (MBM) (S.D.N.Y.) (243 F.Supp.2d 42) (March 11, 2003) (Judge Michael B. Mukasey) (p None)
  7. Handschu v. Special Services Division, No. 71 Civ. 2203 (S.D.N.Y.) (288 F.Supp.2d 404) (March 12, 2003) (Judge Charles S. Jr. Haight) (p None)
  8. U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner) (p None)
  9. U.S. v. Pimental, No. 99-10310-NG (D.Mass.) (236 F.Supp.2d 99) (December 19, 2002) (Judge Nancy Gertner) (p None)
  10. U.S. v. Cruz, No. 02-2728 (7th Cir.) (317 F.3d 763) (January 30, 2003) (Judge Joel L. Flaum) (p None)
  11. Dorelien v. U.S. Atty. Gen., No. 02-13587 (11th Cir.) (317 F.3d 1314) (January 13, 2003) (Per Curiam) (p None)
  12. U.S. v. Campbell, No. 00-4134 (6th Cir.) (317 F.3d 597) (January 28, 2003) (Judge George C. Steeh) (p None)
  13. U.S. v. Hodge, No. 01-2198 (3rd Cir.) (321 F.3d 429) (March 11, 2003) (Judge Thomas L. Ambro) (p None)
  14. Handschu v. Special Services Div., No. 71 Civ. 2203 (SCH) (S.D.N.Y.) (288 F.Supp.2d 411) (August 6, 2003) (Judge Charles S. Jr. Haight) (p None)

U.S. v. Ahmed, No. 02-51350 (5th Cir.) (324 F.3d 368) (March 10, 2003) (Judge Harold R. Jr. DeMoss)

The district court erred in applying the sentence enhancement under U.S.S.G. § 3C1.1, where defendant's statements to the FBI did not actually impede the investigation, but were a refusal to assist the authorities in the investigation of illegal aliens.

Al Odah v. U.S., No. 02-5251 (D.C. Cir.) (321 F.3d 1134) (March 11, 2003) (Judge A. Raymond Randolph)

Here the Court held that the district court had no habeas corpus jurisdiction to adjudicate actions concerning the legality and conditions of confinement of aliens captured abroad during hostilities in Afghanistan and held abroad in U.S. military custody.

This was a consolidated appeal in which the D.C. Circuit rejected challenges ...

Handschu v. Special Services Division, No. 71 Civ. 2203 (CSH) (S.D.N.Y.) (273 F.Supp.2d 327) (February 11, 2003) (Judge Charles S. Jr. Haight)

Defendants, successor officials in charge of the New York City Police Department (NYPD), represented by the Corporation Counsel of the City of New York ("Corporation Counsel"), move pursuant to Fed. R. Civ. P. 60(b), for an order modifying the presently existing "Handschu Guidelines" which governed the NYPD's activities in the ...

U.S. v. Goodwin, No. 01-3070 (D.C. Cir.) (317 F.3d 293) (January 31, 2003) (Judge Stephen F. Williams)

Interpreting Application Note 14 to U.S.S.G. § 2D1.1, the Court held that when a defendant seeks a downward departure in a reverse sting operation based on claim that Government agents set an artificially low price to induce the purchase, the defendant must prove both that the sale was "significantly below ...

U.S. v. Banuelos, No. 01-50051 (9th Cir.) (322 F.3d 700) (March 10, 2003) (Judge Raymond C. Fisher)

Where a drug quantity finding as to reasonable foreseeability or scope of a conspiracy exposes a conspirator to a higher statutory maximum than he otherwise would face, that finding must be made by a jury beyond a reasonable doubt.

Here, the defendant pled guilty to conspiracy to distribute marijuana but ...

Padilla ex rel. Newman v. Rumsfeld, No. 02 Civ. 4445 (MBM) (S.D.N.Y.) (243 F.Supp.2d 42) (March 11, 2003) (Judge Michael B. Mukasey)

Handschu v. Special Services Division, No. 71 Civ. 2203 (S.D.N.Y.) (288 F.Supp.2d 404) (March 12, 2003) (Judge Charles S. Jr. Haight)

Defendant New York City, New York, Police Department (NYPD) submitted for review its final proposed draft of guidelines to be included in the NYPD's patrol guide. Plaintiff class submitted objections.

The court found that the revised NYPD guidelines set forth the substance of Federal Bureau of Investigation guidelines and did ...

U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner)

The defendant in this case was charged with tax evasion and mail fraud. The indictment alleged that defendant understated his business' gross sales in his tax filings for three years, and in his weekly reports to a corporation, with which he had a franchise agreement.

The defendant and the government ...

U.S. v. Pimental, No. 99-10310-NG (D.Mass.) (236 F.Supp.2d 99) (December 19, 2002) (Judge Nancy Gertner)

Defendant was convicted of two counts of mail fraud following a jury trial. Subsequently, defendant filed a motion for judgment of acquittal under Fed. R. Crim. P. 29, and moved to dismiss the indictment under Fed. R. Crim. P. 6(e).

Defendant claimed that the jury verdict was based on insufficient ...

U.S. v. Cruz, No. 02-2728 (7th Cir.) (317 F.3d 763) (January 30, 2003) (Judge Joel L. Flaum)

Courts may apply abuse of position of trust enhancement, pursuant to U.S.S.G. § 3B1.3, even if defendant did not occupy a position of trust in relation to the victim of the offense of conviction; it is enough if the defendant also harmed the person whose trust she did abuse.

Dorelien v. U.S. Atty. Gen., No. 02-13587 (11th Cir.) (317 F.3d 1314) (January 13, 2003) (Per Curiam)

U.S. v. Campbell, No. 00-4134 (6th Cir.) (317 F.3d 597) (January 28, 2003) (Judge George C. Steeh)

U.S. v. Hodge, No. 01-2198 (3rd Cir.) (321 F.3d 429) (March 11, 2003) (Judge Thomas L. Ambro)

Congress did not intend to include innocuous substances, such as a wax/flour mixture that looks like crack, within its definition of controlled substance analogues under 21 U.S.C. § 802(32)(A), thus defendants' convictions for distribute a controlled substance analogue are reversed.

Handschu v. Special Services Div., No. 71 Civ. 2203 (SCH) (S.D.N.Y.) (288 F.Supp.2d 411) (August 6, 2003) (Judge Charles S. Jr. Haight)

Plaintiffs, certified class, filed a class action against defendants, New York Police Department (NYPD) and its officials. The court granted the NYPD's motion to modify its guidelines and entered an Order and Judgment that implemented its ruling. The attorneys for the certified class moved for reconsideration of the court's Order ...