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Punch and Jurists: April 26, 2004

Volume 11, Number 17

In this issue:

  1. U.S. v. McBride, No. 02-3931 (6th Cir.) (362 F.3d 360) (March 30, 2004) (Judge Ronald Lee Gilman) (p None)
  2. Sabri v. U.S., No. 03-44 (U.S. Supreme Court) (541 U.S. 600; 124 S.Ct. 1941) (May 17, 2004) (Justice Souter) (p None)
  3. U.S. v. Singh, No. Crim. No. 01-199 (RBW) (D.D.C.) (305 F.Supp.2d 109) (February 24, 2004) (Judge Reggie B. Walton) (p None)
  4. U.S. v. Stewart, No. 03 CR. 717 (MGC) (S.D.N.Y.) (305 F.Supp.2d 368) (February 27, 2004) (Judge Miriam Goldman Cedarbaum) (p None)
  5. U.S. v. Koubriti, No. 01-80778 (E.D.Mich.) (305 F.Supp.2d 723) (December 16, 2003) (Judge Gerald E. Rosen) (p None)
  6. U.S. v. Gomes, No. Crim. 3:98 CR 195(CF) (D.Conn.) (305 F.Supp.2d 158) (February 17, 2004) (Judge Christopher F. Droney) (p None)
  7. U.S. v. Jackson, No. 02-1264 (2nd Cir.) (368 F.3d 59) (May 6, 2004) (Judge Pierre N. Leval) (p None)

U.S. v. McBride, No. 02-3931 (6th Cir.) (362 F.3d 360) (March 30, 2004) (Judge Ronald Lee Gilman)

This case is noted for its holding that where a sentencing is based largely or solely on an intended loss under U.S.S.G. § 2B1.1, a downward departure may be warranted under the "economic reality" principle that the loss may be significantly overstated.

Sabri v. U.S., No. 03-44 (U.S. Supreme Court) (541 U.S. 600; 124 S.Ct. 1941) (May 17, 2004) (Justice Souter)

The petitioner in this case, Basim Omar Sabri, a real estate developer, was charged with violating 18 U.S.C. § 666(a)(2) for offering three separate bribes to a Minneapolis councilman to facilitate the construction of a hotel and retail complex in Minneapolis. Section 666(a)(2) proscribes bribery of state and local officials ...

U.S. v. Singh, No. Crim. No. 01-199 (RBW) (D.D.C.) (305 F.Supp.2d 109) (February 24, 2004) (Judge Reggie B. Walton)

In this decision, Judge Walton may have given some new life to an old and somewhat dormant issue: namely, whether an alien who pleads guilty to an aggravated felony is entitled to withdraw his plea if he is not advised that, as a result of his plea, he faces absolute, ...

U.S. v. Stewart, No. 03 CR. 717 (MGC) (S.D.N.Y.) (305 F.Supp.2d 368) (February 27, 2004) (Judge Miriam Goldman Cedarbaum)

Plaintiff government charged defendant and co-defendant with conspiracy, obstruction of an agency proceeding, and making false statements to government officials. Defendant was also charged with criminal securities fraud in violation of 15 U.S.C. §§ 78b and 78ff. The case went to trial and defendant moved for a judgment of acquittal ...

U.S. v. Koubriti, No. 01-80778 (E.D.Mich.) (305 F.Supp.2d 723) (December 16, 2003) (Judge Gerald E. Rosen)

For a long time, this case was the shining star in the Department of Justice’s orbit. Just six days after the September 11, 2001 terrorist attacks, a terrorism task force arrested three of the four defendants in this case - all foreigners of Middle Eastern origin. Those arrests were a ...

U.S. v. Gomes, No. Crim. 3:98 CR 195(CF) (D.Conn.) (305 F.Supp.2d 158) (February 17, 2004) (Judge Christopher F. Droney)

Here, on remand from the Supreme Court, the district court again concluded that the defendant was not competent to stand trial and that his involuntary medication was warranted and consistent with th holding in Sell v. U.S., 539 U.S. 939.

After the Second Circuit's decsion in this case, reported at ...

U.S. v. Jackson, No. 02-1264 (2nd Cir.) (368 F.3d 59) (May 6, 2004) (Judge Pierre N. Leval)

This is one of those must-read decisions that forcefully reaffirms the importance of the presumption of innocence under our Constitution - a doctrine that the John Ashcroft Department of Justice seems of late determined to honor more in the breach than in the observance.

Aaron Jackson was convicted of possession ...