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Punch and Jurists: January 26, 2004

Volume 11, Number 4

In this issue:

  1. U.S. v. Crayton, No. 02-5738 (6th Cir.) (357 F.3d 560) (February 5, 2004) (Judge John M. Rogers) (p None)
  2. U.S. v. Rivera, No. CRIM. 02-376-A (E.D.Va.) (292 F.Supp.2d 823) (November 13, 2003) (Judge Thomas Selby III Ellis) (p None)
  3. ABC, Inc. v. Stewart, No. 04-0220-CR (2nd Cir.) (360 F.3d 90) (February 18, 2004) (Judge Robert A. Katzmann) (p None)
  4. U.S. v. Mitrione, No. 02-4222 (7th Cir.) (357 F.3d 712) (February 9, 2004) (Judge Terrence T. Evans) (p None)
  5. U.S. v. Albinson, No. 01-1265 (3rd Cir.) (356 F.3d 278) (January 27, 2004) (Judge Anthony J. Scirica) (p None)
  6. U.S. v. Rose, No. 02-5163 (6th Cir.) (357 F.3d 615) (February 11, 2004) (Judge Karen Nelson Moore) (p None)
  7. U.S. v. Peveler, No. 02-5778 (6th Cir.) (359 F.3d 369) (February 6, 2004) (Judge William J. Jr. Haynes) (p None)
  8. Pulinario v. Goord, No. 02-CV-3681 (E.D.N.Y.) (291 F.Supp.2d 154) (October 30, 2003) (Judge Jack B. Weinstein) (p None)
  9. U.S. v. Stolba, No. 03-1817 (8th Cir.) (357 F.3d 850) (February 10, 2004) (Judge Morris Sheppard Arnold) (p None)

U.S. v. Crayton, No. 02-5738 (6th Cir.) (357 F.3d 560) (February 5, 2004) (Judge John M. Rogers)

This case is noted for its detailed discussion of the “rule of consistency” (which held that one co-conspirator could not be convicted if all other co-conspirators are acquitted at the same trial) and its holding that the rule is no longer valid law.

The defendant in this case, Lawrence Crayton, ...

U.S. v. Rivera, No. CRIM. 02-376-A (E.D.Va.) (292 F.Supp.2d 823) (November 13, 2003) (Judge Thomas Selby III Ellis)

In a federal prosecution of defendants for murder and conspiracy to murder, in violation of 18 U.S.C. §§ 2, 1111, and 1117, defendants jointly, by counsel, filed an ex parte and under seal motion, under 18 U.S.C. § 3006A of the Criminal Justice Act (CJA), for the appointment of a ...

ABC, Inc. v. Stewart, No. 04-0220-CR (2nd Cir.) (360 F.3d 90) (February 18, 2004) (Judge Robert A. Katzmann)

Here the Court held that the district court violated the media’s First Amendment rights of access to the courts when it excluded the media from the voire dire jury selection aspects of the high-profile case against Martha Stewart.

In this case, a coalition of 17 news organizations and publications following ...

U.S. v. Mitrione, No. 02-4222 (7th Cir.) (357 F.3d 712) (February 9, 2004) (Judge Terrence T. Evans)

The two defendants in this case, a psychiatrist and his office manager, were convicted at trial on 10 of 14 counts of Medicare and Medicaid fraud. After the verdict, they filed a motion for a new trial based on newly discovered evidence that a key Government witness had committed perjury ...

U.S. v. Albinson, No. 01-1265 (3rd Cir.) (356 F.3d 278) (January 27, 2004) (Judge Anthony J. Scirica)

After the Appellant was arrested for the unauthorized sale of United States property in violation of 18 U.S.C. § 641, certain property was seized from his garage and resodence, pursuant to a search warrant. The indictment, however, did not charge appellant with any offense related to the property seized during ...

U.S. v. Rose, No. 02-5163 (6th Cir.) (357 F.3d 615) (February 11, 2004) (Judge Karen Nelson Moore)

The defendant in this case pled guilty to selling a pound of methamphetamine to an undercover agent and to agreeing to sell him two pounds in the future, and he was sentenced to 138 months' imprisonment. On appeal, the Sixth Circuit vacated defendant's conspiracy to distribute conviction because the district ...

U.S. v. Peveler, No. 02-5778 (6th Cir.) (359 F.3d 369) (February 6, 2004) (Judge William J. Jr. Haynes)

One of the few chances that a Federal inmate has to obtain post-sentencing relief occurs when the Sentencing Commission enacts a retroactive amendment to the Guidelines in accordance with the provisions of U.S.S.G. § 1B1.10. In such a case, the inmate may be able to seek relief from his or ...

Pulinario v. Goord, No. 02-CV-3681 (E.D.N.Y.) (291 F.Supp.2d 154) (October 30, 2003) (Judge Jack B. Weinstein)

U.S. v. Stolba, No. 03-1817 (8th Cir.) (357 F.3d 850) (February 10, 2004) (Judge Morris Sheppard Arnold)

Here the Court held that an upward departure for obstruction of justice under U.S.S.G. § 3C1.1 (which mandates a two-level enhancement if the defendant willfully obstructs or impedes the administration of justice “during the course of the investigation, prosecution, or sentencing of the instant offense of conviction”) may not be ...