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Punch and Jurists: June 4, 2001

Issue PDF
Volume 8, Number 23

In this issue:

  1. Bracy v. Schomig, No. 99-4318 (7th Cir.) (248 F.3d 604) (April 18, 2001) (Judge Richard A. Posner) (p None)
  2. U.S. v. Yeaman, No. 00-1498 (3rd Cir.) (248 F.3d 223) (April 26, 2001) (Judge Walter K. Stapleton) (p None)
  3. U.S. v. Fort, No. 00-10418 (5th Cir.) (248 F.3d 475) (April 17, 2001) (Judge Jerome Farris) (p None)
  4. U.S. v. Jones, No. 00-3941 (7th Cir.) (248 F.3d 671) (April 24, 2001) (Judge Joel L. Flaum) (p None)
  5. U.S. v. Marshall, No. 99-4053 (6th Cir.) (248 F.3d 525) (April 25, 2001) (Judge Ronald Lee Gilman) (p None)
  6. U.S. v. Diaz, No. 99-4166 (11th Cir.) (248 F.3d 1065) (April 17, 2001) (Judge David D. Jr. Dowd) (p None)
  7. Daniels v. U.S., No. 00-6298 (10th Cir.) (254 F.3d 1180) (June 25, 2001) (Judge Stephanie K. Seymour) (p None)
  8. U.S. v. Loe, No. 00-40454 (5th Cir.) (248 F.3d 449) (April 17, 2001) (Judge Patrick E. Higginbotham) (p None)
  9. Calcano-Martinez v. I.N.S., No. 00-1011 (U.S. Supreme Court) (533 U.S. 348; 121 S.Ct. 2268) (June 25, 2001) (Justice Stevens) (p None)
  10. I.N.S. v. St. Cyr, No. 00-767 (U.S. Supreme Court) (533 U.S. 289; 121 S.Ct. 2271) (June 25, 2001) (Justice Stevens) (p None)

Bracy v. Schomig, No. 99-4318 (7th Cir.) (248 F.3d 604) (April 18, 2001) (Judge Richard A. Posner)

This case is noted for Judge Rovner’s dissent in which she strongly objected to the majority’s refusal to grant a new trial to two petitioners who were sentenced to death after being tried before a judge who had been convicted of accepting many bribes.

In this case, William Bracy and ...

U.S. v. Yeaman, No. 00-1498 (3rd Cir.) (248 F.3d 223) (April 26, 2001) (Judge Walter K. Stapleton)

Here the Court rejected as improper a downward departure based on the district court’s conclusion that it would be cruel to return the defendants to prison after they had completed service of the original sentences which were later vacated.

This is one of those Guideline cases that highlights the incessant ...

U.S. v. Fort, No. 00-10418 (5th Cir.) (248 F.3d 475) (April 17, 2001) (Judge Jerome Farris)

Here the Court rejected the defendant's contention that the one-year maximum sentence for small amounts of marijuana applied to him because he admitted at his sentencing hearing that he possessed 195 pounds of marijuana.

In this case the Court stated: "The one-year maximum sentence applies only to distribution of a ...

U.S. v. Jones, No. 00-3941 (7th Cir.) (248 F.3d 671) (April 24, 2001) (Judge Joel L. Flaum)

Here the Court held that attributing drugs sold by defendant to others as relevant conduct, thereby increasing base offense level, did not implicate the Apprendi rule so long as the sentence imposed did not exceed the statutory maximum.

U.S. v. Marshall, No. 99-4053 (6th Cir.) (248 F.3d 525) (April 25, 2001) (Judge Ronald Lee Gilman)

Here the Court held that purchasing jewlery and wine with stolen money is not money laundering under 18 USC 1956(a)(1)(B)(i) because the defendant's misstatements of fact were to a party unrelated to the transaction.

The defendant in this case was convicted on three counts of money laundering in violation of ...

U.S. v. Diaz, No. 99-4166 (11th Cir.) (248 F.3d 1065) (April 17, 2001) (Judge David D. Jr. Dowd)

Here, the Court strongly affirmed the position it took in U.S. v. Harris, 244 F.3d 828 (11th Cir. 2001) to the effect that "Sentencing Guideline issues are not subject to the Apprendi rule and, thus, there is no requirement that sentencing facts be submitted to a jury and found beyond ...

Daniels v. U.S., No. 00-6298 (10th Cir.) (254 F.3d 1180) (June 25, 2001) (Judge Stephanie K. Seymour)

This is a significant Apprendi decision for a number of reasons. It is not only an en banc ruling, it amplified and expanded upon a previous en banc ruling of the same court in a different case, Browning v. U.S., 241 F.3d 1262 (10th Cir. 2001), which makes it particularly ...

U.S. v. Loe, No. 00-40454 (5th Cir.) (248 F.3d 449) (April 17, 2001) (Judge Patrick E. Higginbotham)

Among the many issues addressed in this multi-defendant money-laundering case, the Court held that for statute of limitations purposes in an insurance fraud trial, fraudulent payment triggers the running of the five-year statute of limitiations under 18 U.S.C. § 3282, and not the fraudulent events that resulted in the payment. ...

Calcano-Martinez v. I.N.S., No. 00-1011 (U.S. Supreme Court) (533 U.S. 348; 121 S.Ct. 2268) (June 25, 2001) (Justice Stevens)

Calcano-Martinez v. I.N.S., 533 U.S. 348 (2001) (Justice Stevens)
I.N.S. v. St. Cyr, 533 U.S. 289 (2001) (Justice Stevens)

In this pair of decisions, the Supreme Court held that 1996 amendments to the Immigration and Nationality Act (INA) restricting judicial review of deportation orders involving aliens convicted of serious crimes ...

I.N.S. v. St. Cyr, No. 00-767 (U.S. Supreme Court) (533 U.S. 289; 121 S.Ct. 2271) (June 25, 2001) (Justice Stevens)

Calcano-Martinez v. I.N.S., 533 U.S. 348 (2001) (Justice Stevens)
I.N.S. v. St. Cyr, 533 U.S. 289 (2001) (Justice Stevens)

In this pair of decisions, the Supreme Court held that 1996 amendments to the Immigration and Nationality Act (INA) restricting judicial review of deportation orders involving aliens convicted of serious crimes ...