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Punch and Jurists: October 1, 2001

Issue PDF
Volume 8, Number 40

In this issue:

  1. U.S. v. Eirby, No. 00-1945 (1st Cir.) (262 F.3d 31) (August 29, 2001) (Judge Bruce M. Selya) (p None)
  2. U.S. v. Roberts, No. 99-4919 (4th Cir.) (262 F.3d 286) (August 16, 2001) (Judge Paul V. Niemeyer) (p None)
  3. U.S. v. Stokes, No. 99-4567 (4th Cir.) (261 F.3d 530) (August 17, 2001) (Judge Robert Bruce King) (p None)
  4. Penry v. Johnson, No. 99-20868 (5th Cir.) (261 F.3d 541) (August 14, 2001) (Per Curiam) (p None)
  5. U.S. v. Spiller, No. 00-3043 (7th Cir.) (261 F.3d 683) (August 17, 2001) (Judge Daniel A. Manion) (p None)
  6. U.S. v. Moore, No. CIV.A. 3:99CV1974 (SRU) (D.Conn.) (156 F.Supp.2d 238) (August 23, 2001) (Judge Stefan R. Underhill) (p None)
  7. U.S. v. LaHue, No. 99-3344 (10th Cir.) (261 F.3d 993) (August 17, 2001) (Judge Wade Brorby) (p None)
  8. Hunt v. Mitchell, No. 99-4308 (6th Cir.) (261 F.3d 575) (August 22, 2001) (Judge R. Guy Jr. Cole) (p None)
  9. U.S. v. Koczuk, No. 98-VC-1140 (E.D.N.Y.) (166 F.Supp.2d 757) (October 10, 2001) (Judge Frederic Block) (p None)
  10. U.S. v. Powell, No. 00-2440 (3rd Cir.) (269 F.3d 175) (October 16, 2001) (Judge Theodore A. McKee) (p None)
  11. Miller-El v. Johnson, No. 00-10784 (5th Cir.) (261 F.3d 445) (August 7, 2001) (Judge Harold R. Jr. DeMoss) (p None)
  12. U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer) (p None)
  13. U.S. v. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull) (p None)
  14. U.S. v. Emerson, No. 99-10331 (5th Cir.) (270 F.3d 203) (October 16, 2001) (Judge Will L. Garwood) (p None)

U.S. v. Eirby, No. 00-1945 (1st Cir.) (262 F.3d 31) (August 29, 2001) (Judge Bruce M. Selya)

U.S. v. Roberts, No. 99-4919 (4th Cir.) (262 F.3d 286) (August 16, 2001) (Judge Paul V. Niemeyer)

U.S. v. Stokes, No. 99-4567 (4th Cir.) (261 F.3d 530) (August 17, 2001) (Judge Robert Bruce King)

Penry v. Johnson, No. 99-20868 (5th Cir.) (261 F.3d 541) (August 14, 2001) (Per Curiam)

U.S. v. Spiller, No. 00-3043 (7th Cir.) (261 F.3d 683) (August 17, 2001) (Judge Daniel A. Manion)

U.S. v. Moore, No. CIV.A. 3:99CV1974 (SRU) (D.Conn.) (156 F.Supp.2d 238) (August 23, 2001) (Judge Stefan R. Underhill)

This case is noted for its detailed discussion of the Government's use of the Federal Debt Collection Procedures Act (28 USC §§ 3303 et seq.) to force payment of a restitution award after the defendant was accused of making a fraudulent transfer.

U.S. v. LaHue, No. 99-3344 (10th Cir.) (261 F.3d 993) (August 17, 2001) (Judge Wade Brorby)

In this prosecution of a number of doctors for violations of the Medicare Antikickback Act, 42 USC § 1320a-7b(b), the Court held that a defendant may be found guilty under that Act when his offer, payment, solicitation, or receipt of remuneration was motivated merely in part to induce or in ...

Hunt v. Mitchell, No. 99-4308 (6th Cir.) (261 F.3d 575) (August 22, 2001) (Judge R. Guy Jr. Cole)

The decision in this case sends a clear and disturbing message: sometimes, no matter how egregious the facts may be, appellants will have a difficult time obtaining justice simply because there is an appalling rubber-stamp approach to the handling of many criminal appeals.

Wayne Hunt was convicted in state court ...

U.S. v. Koczuk, No. 98-VC-1140 (E.D.N.Y.) (166 F.Supp.2d 757) (October 10, 2001) (Judge Frederic Block)

Under the Federal Sentencing Guidelines, a defendant’s sentence may be increased based on “relevant conduct” as determined by the sentencing judge - even if the relevant conduct arises out of crimes or acts for which the defendant has not been charged or crimes for which the defendant has actually been ...

U.S. v. Powell, No. 00-2440 (3rd Cir.) (269 F.3d 175) (October 16, 2001) (Judge Theodore A. McKee)

Miller-El v. Johnson, No. 00-10784 (5th Cir.) (261 F.3d 445) (August 7, 2001) (Judge Harold R. Jr. DeMoss)

The petitioner in this case was convicted of capital murder and sentenced to death. After exhausting his state appeals, he sought habeas relief from the District Court the Northern District of Texas. When that was denied, he sought a certificate of appealability (COA), which was also denied. The case was ...

U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer)

The case deals with the sentence enhancement provisions contained in 21 U.S.C. § 851(a)(1), which states in relevant part: “No person who stands convicted of an offense under this part shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry ...

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull)

As various panels of judges continue to rush to publish the definitive interpretation of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), it has become increasingly apparent that the panels have often created a patchwork of rulings that are not consistent with each other. Thus, ...

U.S. v. Emerson, No. 99-10331 (5th Cir.) (270 F.3d 203) (October 16, 2001) (Judge Will L. Garwood)

Here, in one of the most detailed analyses of the Second Amendment that we have seen, the Court held that the Constitution does guarantee an individual the right to bear arms, but that the right may be limited by appropriate legislation from Congress.

In 1999, Judge Cummings of the N.D.Tex. ...