Punch and Jurists: October 1, 2001

Volume 8, Number 40

In this issue:

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. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull) (p None)
U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer) (p None)
Miller-El v. Johnson, No. 00-10784 (5th Cir.) (261 F.3d 445) (August 7, 2001) (Judge Harold R. Jr. DeMoss) (p None)
U.S. v. Powell, No. 00-2440 (3rd Cir.) (269 F.3d 175) (October 16, 2001) (Judge Theodore A. McKee) (p None)
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)
Hunt v. Mitchell, No. 99-4308 (6th Cir.) (261 F.3d 575) (August 22, 2001) (Judge R. Guy Jr. Cole) (p None)
U.S. v. LaHue, No. 99-3344 (10th Cir.) (261 F.3d 993) (August 17, 2001) (Judge Wade Brorby) (p None)
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)
U.S. v. Spiller, No. 00-3043 (7th Cir.) (261 F.3d 683) (August 17, 2001) (Judge Daniel A. Manion) (p None)
Penry v. Johnson, No. 99-20868 (5th Cir.) (261 F.3d 541) (August 14, 2001) (Per Curiam) (p None)
U.S. v. Stokes, No. 99-4567 (4th Cir.) (261 F.3d 530) (August 17, 2001) (Judge Robert Bruce King) (p None)
U.S. v. Roberts, No. 99-4919 (4th Cir.) (262 F.3d 286) (August 16, 2001) (Judge Paul V. Niemeyer) (p None)
U.S. v. Eirby, No. 00-1945 (1st Cir.) (262 F.3d 31) (August 29, 2001) (Judge Bruce M. Selya) (p None)

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists.

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. …

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists, Failure to Address/Advise Defendant.

Here the en banc Court rejected the defendants' contention that Apprendi invalidated their guilty pleas because the court did not advise them of all the elements of the offense and because the pleas were induced by threats of harsher punishment.

As various panels of judges continue to rush to publish …

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists, Jurisdiction.

Here a divided panel from the 9th Circuit held that the procedural requirements for filing an information to seek a sentencing enhancement under 21 USC § 851(a) is not jurisdictional in nature and can be waived - contrary to the views of 8 other Circuits.

The case deals with the …

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists, Batson Claims.

Here the Court denied a Certificate of Appealability that the capital defendant sought on the grounds that the prosecution had systematically violated the Batson rule by removing 10 0f 11 black prospective jurors.

The petitioner in this case was convicted of capital murder and sentenced to death. After exhausting his …

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists.

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.

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 …

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists, Strickland Standard.

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists, Vagueness/Overbreadth.

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 …

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

Loaded on Oct. 1, 2001 published in Punch and Jurists October 01, 2001

Filed under: Punch And Jurists.

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.