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Punch and Jurists: July 2, 2001

Issue PDF
Volume 8, Number 27

In this issue:

  1. U.S. v. Sewell, No. 00-1604 (2nd Cir.) (252 F.3d 647) (June 11, 2001) (Judge Rosemary S. Pooler) (p None)
  2. U.S. v. Fulcher, No. 00-4167 (4th Cir.) (250 F.3d 244) (May 17, 2001) (Judge J. Michael Luttig) (p None)
  3. U.S. v. Buckley, No. 00-3845 (7th Cir.) (251 F.3d 668) (May 24, 2001) (Judge Richard A. Posner) (p None)
  4. U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph) (p None)
  5. U.S. v. Lane, No. 00-4180 (7th Cir.) (252 F.3d 905) (May 31, 2001) (Judge Richard A. Posner) (p None)
  6. U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph) (p None)
  7. U.S. v. Johnstone, No. 00-2473 (1st Cir.) (251 F.3d 281) (June 5, 2001) (Judge Hugh H. Bownes) (p None)
  8. U.S. v. Korman, No. 00-5023 (10th Cir.) (251 F.3d 893) (May 25, 2001) (Judge Wesley E. Brown) (p None)
  9. U.S. v. Bryce, No. 3:97CR249 (RNC) (D.Conn.) (141 F.Supp.2d 269) (April 6, 2001) (Judge Robert N. Chatigny) (p None)
  10. U.S. v. Gasparik, No. 00 CR 0650 SAS (S.D.N.Y.) (141 F.Supp.2d 361) (March 8, 2001) (Judge Shira A. Scheindlin) (p None)
  11. U.S. v. Farner, No. 00-20424 (5th Cir.) (251 F.3d 510) (May 14, 2001) (Judge George P. Kazen) (p None)
  12. U.S. v. Frigerio-Migiano, No. 00-1863 (1st Cir.) (254 F.3d 30) (June 29, 2001) (Judge Juan R. Torruella) (p None)
  13. U.S. v. Dunegan, No. 00-4317 (3rd Cir.) (251 F.3d 477) (May 25, 2001) (Judge Max Rosenn) (p None)
  14. U.S. v. Wilkerson, No. 00-1538 (1st Cir.) (251 F.3d 273) (June 4, 2001) (Judge Kermit A. Lipez) (p None)
  15. Chavez v. Illinois State Police, No. 99-3691 (7th Cir.) (251 F.3d 612) (May 23, 2001) (Judge Michael S. Kanne) (p None)
  16. In Re: Clemmons, No. 00-3941 (6th Cir.) (259 F.3d 489) (August 1, 2001) (Judge Eugene E. Jr. Siler) (p None)

U.S. v. Sewell, No. 00-1604 (2nd Cir.) (252 F.3d 647) (June 11, 2001) (Judge Rosemary S. Pooler)

In this case, the defendant claimed that the district court erred when it denied him the opportunity to present evidence that he was high on crack cocaine at the time he committed bank robbery, which denied him the ability to present a defense that he lacked the requisite intent or ...

U.S. v. Fulcher, No. 00-4167 (4th Cir.) (250 F.3d 244) (May 17, 2001) (Judge J. Michael Luttig)

Michael Fulcher was an inmate at Bland Correctional Center in Virginia (BCC) - an institution that was apparently renowned for its “pervasive presence of drugs” that was the result of an “extensive” network of drug distribution which involved inmates, prison officials, and girlfriends and relatives of the inmates. Michael Fulcher ...

U.S. v. Buckley, No. 00-3845 (7th Cir.) (251 F.3d 668) (May 24, 2001) (Judge Richard A. Posner)

Here the Court held that the defendant's modest religious activities did not justify a downward departure from the applicable Guideline range on a remand for resentencing (and prior to the adoption of USSG § 5K2.19.

U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph)

A brief review of Jennifer Wynn's "Inside Rikers: Stories From the World’s Largest Penal Colony," 223 pages, St. Martin's Press, 2001.

BOOK REVIEW - “Inside Rikers: Stories From the World’s Largest Penal Colony,” by Jennifer Wynn, 223 pp., New York, 2001, St. Martin’s Press, $24.95

Jennifer Wynn, a Member of ...

U.S. v. Lane, No. 00-4180 (7th Cir.) (252 F.3d 905) (May 31, 2001) (Judge Richard A. Posner)

Here, taking issue with the Second Circuit, the Court held that a felon's possession of a firearm is not a "crime of violence" under the Bail Reform Act which automatically denies the defendant the right to obtain bail pending appeal.

Under the provisions of the Bail Reform Act, a defendant ...

U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph)

Here the Court approved the forced use of antipsychotic drugs on a pretrial detainee who has been accused of killing two policemen in an attempt to make him competent to stand trial on the grounds of the government's interest in bringing him to justice.

This is the fourth court decision ...

U.S. v. Johnstone, No. 00-2473 (1st Cir.) (251 F.3d 281) (June 5, 2001) (Judge Hugh H. Bownes)

U.S. v. Korman, No. 00-5023 (10th Cir.) (251 F.3d 893) (May 25, 2001) (Judge Wesley E. Brown)

U.S. v. Bryce, No. 3:97CR249 (RNC) (D.Conn.) (141 F.Supp.2d 269) (April 6, 2001) (Judge Robert N. Chatigny)

U.S. v. Gasparik, No. 00 CR 0650 SAS (S.D.N.Y.) (141 F.Supp.2d 361) (March 8, 2001) (Judge Shira A. Scheindlin)

U.S. v. Farner, No. 00-20424 (5th Cir.) (251 F.3d 510) (May 14, 2001) (Judge George P. Kazen)

The defendant was caught in one of the many ongoing Internet sex-sting operations, in which he was charged with attempting to persuade a 14-year-old girl to engage in sexual activity in violation of 18 U.S.C. § 2422 (b). The alleged victim was in fact an adult, female agent of the ...

U.S. v. Frigerio-Migiano, No. 00-1863 (1st Cir.) (254 F.3d 30) (June 29, 2001) (Judge Juan R. Torruella)

It’s a rare case when a money laundering conviction is overturned - and it’s even more rare when a court does so when (a) the defendant concedes that he engaged in a “financial transaction” as defined in the money laundering statutes, and (b) the court assumes the defendant did know ...

U.S. v. Dunegan, No. 00-4317 (3rd Cir.) (251 F.3d 477) (May 25, 2001) (Judge Max Rosenn)

Here the Court held that in the absence of a statute enacted by Congress, the district court did not have the jurisdiction to expunge a criminal record, even in a case that ended in an acquittal.

The petitioner in this case filed a motion seeking to expunge the record of ...

U.S. v. Wilkerson, No. 00-1538 (1st Cir.) (251 F.3d 273) (June 4, 2001) (Judge Kermit A. Lipez)

Here the First Circuit vacated an order of Judge Gertner granting a new trial in the grounds that the errors cited (ineffective assistance if counsel and the exclusion of evidence offered to impeach a Government witness) were harmless at best.

Chavez v. Illinois State Police, No. 99-3691 (7th Cir.) (251 F.3d 612) (May 23, 2001) (Judge Michael S. Kanne)

Here the Court ruled that plaintiffs may use statistics to show that troopers engaged in racial profiling by treating members of plaintiffs' class differently than other motorists similarly situated but for membership in the class.

In Re: Clemmons, No. 00-3941 (6th Cir.) (259 F.3d 489) (August 1, 2001) (Judge Eugene E. Jr. Siler)

Here the Sixth Circuit became the first appellate court to deny an application to file a second or successive motion for habeas relief based Apprendi due to the Supreme Court’s recent recision in Tyler v. Cain, 212 S.Ct. 2478 (2001).

As we predicted, it did not take long for the ...