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Punch and Jurists: May 21, 2001

Issue PDF
Volume 8, Number 21

In this issue:

  1. U.S. v. Dove, No. 00-4248 (4th Cir.) (247 F.3d 153) (April 13, 2001) (Judge Karen J. Williams) (p None)
  2. U.S. v. Strayhorn, No. 99-5203 (6th Cir.) (250 F.3d 462) (May 22, 2001) (Judge Karen Nelson Moore) (p None)
  3. U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson) (p None)
  4. Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (253 F.3d 359) (June 5, 2001) (Judge Alex Kozinski) (p None)
  5. U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle) (p None)
  6. In Re: Sealed Case, No. 00-3057 (D.C. Cir.) (246 F.3d 696) (April 24, 2001) (Judge Stephen F. Williams) (p None)
  7. Alabama v. Bozeman, No. 00-492 (U.S. Supreme Court) (533 U.S. 146; 121 S.Ct. 2079) (June 11, 2001) (Justice Breyer) (p None)
  8. Kyllo v. U.S., No. 99-8508 (U.S. Supreme Court) (533 U.S. 27; 121 S.Ct. 2038) (June 11, 2001) (Justice Scalia) (p None)

U.S. v. Dove, No. 00-4248 (4th Cir.) (247 F.3d 153) (April 13, 2001) (Judge Karen J. Williams)

Here the Fourth Circuit agreed with a number of other Circuits to have ruled on the issue that relevant conduct under the Guidelines must be criminal conduct - rejecting the Government's contrention that "non-benign" conduct may be considered.

The defendant Ray Dayton Dove, Jr., pleaded guilty to an information charging ...

U.S. v. Strayhorn, No. 99-5203 (6th Cir.) (250 F.3d 462) (May 22, 2001) (Judge Karen Nelson Moore)

Here the Court held that Apprendi applies to findings of fact that trigger a mandatory minimum sentence under 18 USC § 841, even if the sentence actually imposed does not exceed the maximum sentence that would apply regardless of drug quantity.

In this case, the Sixth Circuit held that the ...

U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson)

In this case a divided panel from the Sixth Circuit held that the crime of assaulting a federal officer, in violation of 18 USC 111(a)(1), is a general intent crime and, accordingly, a defendant charged with that crime cannot raise a diminished mental capacity defense.

The defendant in this case ...

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (253 F.3d 359) (June 5, 2001) (Judge Alex Kozinski)

On August 22, 1992, at a remote spot in northern Idaho known as Ruby Ridge, a weeklong standoff between white supremacist Randy Weaver and federal agents ended in a shootout during which an FBI sniper, Lon T. Horiuchi, shot and killed Weaver's unarmed wife, Vicki, while she was cradling an ...

U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle)

Here the Court held that a defendant who receives guns in exchange for drugs does not per se “use” the gun within the meaning of 18 U.S.C. § 924(c) which prohibits the “use” of a gun during and in relation to a drug trafficking offense.

In this case, the D.C. ...

In Re: Sealed Case, No. 00-3057 (D.C. Cir.) (246 F.3d 696) (April 24, 2001) (Judge Stephen F. Williams)

Here the Court held that Apprendi does not require the Government to prove a defendant's gun threat beyond a reasonable doubt in order to impose the four-level sentence enhancement provided for in U.S.S.G. § 2K2.1(b)(5).

Alabama v. Bozeman, No. 00-492 (U.S. Supreme Court) (533 U.S. 146; 121 S.Ct. 2079) (June 11, 2001) (Justice Breyer)

In this case the Supreme Court held that the Interstate Agreement on Detainers (IAD) does not allow courts to overlook brief violations of it provisions that forbid a participating state from obtaining custody of another jurisdiction's prisoner then returning him without having put him to trial. The Court declared that ...

Kyllo v. U.S., No. 99-8508 (U.S. Supreme Court) (533 U.S. 27; 121 S.Ct. 2038) (June 11, 2001) (Justice Scalia)

In this case, a sharply divided Supreme Court ruled that the use by police of a thermal imaging device to detect heat patterns coming from a private home is a “search” within the meaning of the Fourth Amendment; and therefore is presumptively unreasonable without a warrant.

Here, after receiving tips ...