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Punch and Jurists: October 2, 2000

Issue PDF
Volume 7, Number 40

In this issue:

  1. U.S. v. Doggett, No. 99-50380 (5th Cir.) (230 F.3d 160) (October 6, 2000) (Judge Fortunato P. Benavides) (p None)
  2. U.S. v. Corrado, No. 98-2315 (6th Cir.) (227 F.3d 543) (September 27, 2000) (Judge Harry W. Wellford) (p None)
  3. U.S. v. Valensia, No. 99-10170 (9th Cir.) (222 F.3d 1173) (August 1, 2000) (Judge Arthur L. Alarcon) (p None)
  4. U.S. v. Dusenbery, No. 99-3148 (6th Cir.) (223 F.3d 422) (July 10, 2000) (Per Curiam) (p None)
  5. U.S. v. Keith, No. 99-50692 (5th Cir.) (230 F.3d 784) (October 17, 2000) (Per Curiam) (p None)
  6. U.S. v. Stout, No. 00-CR-20015 (C.D.Ill.) (109 F.Supp.2d 982) (August 9, 2000) (Judge Michael Patrick McCuskey) (p None)
  7. U.S. v. Bradley, No. 98-30149 (S.D.Ill.) (109 F.Supp.2d 984) (August 28, 2000) (Judge Richard Mills) (p None)
  8. U.S. v. Powell, No. CRIM. A. 99-719 (E.D.Pa.) (109 F.Supp.2d 381) (August 10, 2000) (Judge Eduardo C. Robreno) (p None)
  9. U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (223 F.3d 281) (August 10, 2000) (Judge Will L. Garwood) (p None)

U.S. v. Doggett, No. 99-50380 (5th Cir.) (230 F.3d 160) (October 6, 2000) (Judge Fortunato P. Benavides)

The two defendants in this case, Rodney Sloan Doggett and Dunois "Dee" T. Beman, were indicted for conspiracy to manufacture an unspecified quantity of methamphetamine, in violation of 21 U.S.C. §§ 841(a) and 846. The Government notified both defendants that it intended to seek enhanced penalties against them based on ...

U.S. v. Corrado, No. 98-2315 (6th Cir.) (227 F.3d 543) (September 27, 2000) (Judge Harry W. Wellford)

This case involved a 25-count RICO indictment against 17 defendants who were accused of various criminal acts arising out of their alleged involvement in the Detroit branch of the national Mafia organization known as the "Cosa Nostra." Five of those defendants were convicted of conspiracy under 18 U.S.C. § 1962(d), ...

U.S. v. Valensia, No. 99-10170 (9th Cir.) (222 F.3d 1173) (August 1, 2000) (Judge Arthur L. Alarcon)

This case dealt with the burden of proof required under the Guidelines in light of Apprendi. In a detailed analysis of that issue, the Ninth Circuit concluded that "[w]hile we have recognized that the Due Process Clause requires the application of a clear and convincing evidence standard when an enhancement ...

U.S. v. Dusenbery, No. 99-3148 (6th Cir.) (223 F.3d 422) (July 10, 2000) (Per Curiam)

The defendant in this case was arrested in 1986 on drug and possession of firearm charges. During a search of his property at the time of the arrest, law enforcement agents seized approximately $ 21,940 in cash, a 1984 Chevrolet Monte Carlo automobile, and miscellaneous personal property. Some two years ...

U.S. v. Keith, No. 99-50692 (5th Cir.) (230 F.3d 784) (October 17, 2000) (Per Curiam)

This is the third of the Fifth Circuit’s trilogy of cases dealing with Apprendi v. New Jersey, 120 S.Ct. 2348 (2000). The other two were U.S. v. Meshack, 225 F.3d 556 (5th Cir. 2000) (where the Court held that Apprendi should be applied only to cases in which a sentence ...

U.S. v. Stout, No. 00-CR-20015 (C.D.Ill.) (109 F.Supp.2d 982) (August 9, 2000) (Judge Michael Patrick McCuskey)

Here the Court reduced a CJA attorney’s fee request some 64% where the attorney appeared ready to go to trial, while his successor quickly produced a guilty plea; but the case is most notable for its comments about the public service nature of CJA service.

This is another one of ...

U.S. v. Bradley, No. 98-30149 (S.D.Ill.) (109 F.Supp.2d 984) (August 28, 2000) (Judge Richard Mills)

This is one of seven decisions decided on the same day by District Judge Mills that arose out of some very strange and erratic behavior by former District Judge Paul E. Riley of the Southern District of Illinois. In each of those seven criminal cases, Judge Riley allegedly had improper ...

U.S. v. Powell, No. CRIM. A. 99-719 (E.D.Pa.) (109 F.Supp.2d 381) (August 10, 2000) (Judge Eduardo C. Robreno)

The defendant in this case, Allen Powell, pled guilty to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). The statutory maximum term of imprisonment for a violation of § 922(g) is ten years; but if the defendant’s criminal history includes ...

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (223 F.3d 281) (August 10, 2000) (Judge Will L. Garwood)

This citation contains Judge Wiener's astonishingly blunt dissent in a case involving a drug search, where he castigated his confreres for creating a hypocrisy of judicial standards that can be molded to fit any case where drugs are found.

Shortly after the majority published its decision in this case at ...