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Punch and Jurists: April 18, 2005

Issue PDF
Volume 12, Number 16

In this issue:

  1. U.S. v. Souser, No. 04-1101 (10th Cir.) (405 F.3d 1162) (May 4, 2005) (Judge Deanell R. Tacha) (p None)
  2. Doe v. Miller, No. 04-1568 (8th Cir.) (405 F.3d 700) (April 29, 2005) (Judge Steven M. Colloton) (p None)
  3. U.S. v. Williams, No. 6:04-cr-111-Orl-31JGG (M.D.Fla.) (372 F.Supp.2d 1335) (May 5, 2005) (Judge Gregory A. Presnell) (p None)
  4. U.S. v. Hughes, No. 03-4172 (4th Cir.) (401 F.3d 540) (March 16, 2005) (Judge William W. Jr. Wilkins) (p None)
  5. O'Donald v. Johns, No. 04-2990 (3rd Cir.) (402 F.3d 172) (March 22, 2005) (Per Curiam) (p None)
  6. Mangiafico v. Blumenthal, No. 3:04CV74MRK (D.Conn.) (358 F.Supp.2d 6) (March 2, 2005) (Judge Mark R. Kravitz) (p None)
  7. U.S. v. Chriswell, No. 04-5020 (6th Cir.) (401 F.3d 459) (March 18, 2005) (Judge Julia Smith Gibbons) (p None)
  8. U.S. v. Goldberg, No. 03-3955 (7th Cir.) (406 F.3d 891) (May 5, 2005) (Judge Richard A. Posner) (p None)
  9. In Re Grand Jury Proceedings # 5 Empanelled, No. 04-2168 (4th Cir.) (401 F.3d 247) (March 11, 2005) (Judge Roger L. Gregory) (p None)
  10. Irons v. Carey, No. 05-15275 (9th Cir.) (408 F.3d 1165) (May 18, 2005) (Per Curiam) (p None)

U.S. v. Souser, No. 04-1101 (10th Cir.) (405 F.3d 1162) (May 4, 2005) (Judge Deanell R. Tacha)

The defendant in this case pled guilty to one count of making a false statement to the Government, in violation of 18 U.S.C. § 1001, arising out of her receipt of Federal rent subsidies to which she was not entitled. The district court imposed a sentence of five years probation. ...

Doe v. Miller, No. 04-1568 (8th Cir.) (405 F.3d 700) (April 29, 2005) (Judge Steven M. Colloton)

The leper colonies are back! To deal with convicted sex offenders who are released from prison, a growing number of states have been seizing on a legislative fix that severely restricts the ability of those felons to reside in most communities. This case addresses some of many legal and social ...

U.S. v. Williams, No. 6:04-cr-111-Orl-31JGG (M.D.Fla.) (372 F.Supp.2d 1335) (May 5, 2005) (Judge Gregory A. Presnell)

Defendant was convicted of three counts of selling crack cocaine. Based on defendant's criminal history, the nature of the offense, and applicable enhancements, the government sought a sentence of 360 months to life. Defendant argued that this sentence was too harsh and that a more lenient sentence was appropriate.

Defendant ...

U.S. v. Hughes, No. 03-4172 (4th Cir.) (401 F.3d 540) (March 16, 2005) (Judge William W. Jr. Wilkins)

Defendant appealed the judgment of the United States District Court for the District of Maryland, at Greenbelt, convicting him of three counts of bankruptcy fraud, in violation of 18 U.S.C. § 152, and two counts of perjury, in violation of 18 U.S.C. § 1623(a), and sentencing him to 46 months ...

O'Donald v. Johns, No. 04-2990 (3rd Cir.) (402 F.3d 172) (March 22, 2005) (Per Curiam)

Petitioner federal inmate challenged an order from the United States District Court For the Western District of Pennsylvania, which denied the inmate's 28 U.S.C.S. § 2241 habeas petition in which he challenged the Bureau of Prisons' (BOP) calculation of his good conduct time (GCT). The inmate was serving a sentence ...

Mangiafico v. Blumenthal, No. 3:04CV74MRK (D.Conn.) (358 F.Supp.2d 6) (March 2, 2005) (Judge Mark R. Kravitz)

This decision is particularly noted for Judge Kravitz' detailed analysis of the development of the concept of absolute immunity for government officials under the Supreme Court's rulings from Imbler v. Pachtman to Kalina v. Fletcher.

Plaintiff, a captain in the Connecticut Department of Corrections (DOC), brought an action pursuant to ...

U.S. v. Chriswell, No. 04-5020 (6th Cir.) (401 F.3d 459) (March 18, 2005) (Judge Julia Smith Gibbons)

Court held that two level enhancement under USSG § 2A3.2(b)(2)(B) for unduly influencing a minor to engage in prohibited sexual conduct is not available in cases where the victim was an undercover law enforcement officer acting as a minor.

U.S. v. Goldberg, No. 03-3955 (7th Cir.) (406 F.3d 891) (May 5, 2005) (Judge Richard A. Posner)

In this decision, Judge Posner forcefully suggested that nothing in the law prevents a judge from increasing a defendant’s sentence on a Booker remand. Numerous commentators have suggested that there are both due process and ex post facto arguments that a post-Booker sentence for a crime committed prior to Jan. ...

In Re Grand Jury Proceedings # 5 Empanelled, No. 04-2168 (4th Cir.) (401 F.3d 247) (March 11, 2005) (Judge Roger L. Gregory)

This case is noted for its extended discussion of the crime-fraud exception to the attorney/client privilege, and for its finding that the district court had abused its discretion by finding that the crime-fraud exception applied to the facts of this case.

This case is noted for its extended discussion and ...

Irons v. Carey, No. 05-15275 (9th Cir.) (408 F.3d 1165) (May 18, 2005) (Per Curiam)

Here the panel issued an ominous and potentially far-reaching order directing the parties to file supplemental briefs discussing discussing the constitutionality of the standards that Congress set forth in AEDPA (28 U.S.C. § 2254(d)(1)).