Punch and Jurists: April 5, 2004

Volume 11, Number 14

In this issue:

U.S. v. Schnepper, No. CR. 02-00062 ACK (D.Hawai'I) (302 F.Supp.2d 1170) (January 13, 2004) (Judge Alan Cooke Kay) (p None)
U.S. v. Parra, No. 02 CR. 348(PKL) (S.D.N.Y.) (302 F.3d 226) (January 21, 2004) (Judge Peter K. Leisure) (p None)
U.S. v. Romero, No. 03-4266 (10th Cir.) (360 F.3d 1248) (March 9, 2004) (Judge Stephanie K. Seymour) (p None)
White v. Scibana, No. 03-C-581-C (W.D.Wisc.) (314 F.Supp.2d 834) (April 23, 2004) (Judge Barbara B. Crabb) (p None)

U.S. v. Schnepper, No. CR. 02-00062 ACK (D.Hawai'I) (302 F.Supp.2d 1170) (January 13, 2004) (Judge Alan Cooke Kay)

Loaded on April 1, 2004 published in Punch and Jurists April 05, 2004

Filed under: Punch And Jurists, Constitutional Challenges.

This decision is noted for its discussion and rejection of three identical consolidated motions filed by defendants in three unrelated cases in Hawaii who, following their convictions for various crimes, challenged the constitutionality of the Sentencing Guidelines as amended by the Feeney Amendment. The identical motions were labeled “Motion to …

U.S. v. Parra, No. 02 CR. 348(PKL) (S.D.N.Y.) (302 F.3d 226) (January 21, 2004) (Judge Peter K. Leisure)

Loaded on April 1, 2004 published in Punch and Jurists April 05, 2004

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions.

The defendant in this case was charged with a conspiracy to distribute cocaine. On three separate occasions he met with prosecutors in proffer sessions, pursuant to a standard proffer agreement (which are sometimes called “Queen for a Day” agreements), a copy of which is annexed to the Court’s decision. (Id., …

U.S. v. Romero, No. 03-4266 (10th Cir.) (360 F.3d 1248) (March 9, 2004) (Judge Stephanie K. Seymour)

Loaded on April 1, 2004 published in Punch and Jurists April 05, 2004

Filed under: Punch And Jurists, Withdrawal.

It is well known that, today, more than 95% of defendants in the Federal system plead guilty. They do so in part because they know that if they go to trial and lose, they will get a far more severe sentence; and in part because, by pleading guilty they will …

White v. Scibana, No. 03-C-581-C (W.D.Wisc.) (314 F.Supp.2d 834) (April 23, 2004) (Judge Barbara B. Crabb)

Loaded on April 1, 2004 published in Punch and Jurists April 05, 2004

Filed under: Punch And Jurists, Calculation of 54 Days.

Here the Court ruled that, based on the plain language of 18 U.S.C. § 3624(b) and its legislative history, the Bureau of Prisons has been miscalculating the “good time” credits it grants to Federal prisoners by short-changing them seven days each year.

This is an important ruling that could affect …