Punch and Jurists: October 8, 2001

Volume 8, Number 41

In this issue:

U.S. v. Sherman, No. 00-2184 (8th Cir.) (262 F.3d 784) (August 21, 2001) (Judge Roger L. Wollman) (p None)
U.S. v. Wells, No. 00-10134 (5th Cir.) (262 F.3d 455) (August 16, 2001) (Judge Fortunato P. Benavides) (p None)
Yahweh v. U.S. Parole Com'n., No. 01-2848-CIV-MOORE (S.D.Fla.) (158 F.Supp.2d 1332) (August 15, 2001) (Judge K. Michael Moore) (p None)
U.S. v. Monteiro, No. 01-1564 (7th Cir.) (270 F.3d 465) (October 26, 2001) (Judge Kenneth F. Ripple) (p None)
Green v. U.S., No. 00-2624 (8th Cir.) (262 F.3d 715) (August 17, 2001) (Judge Morris Sheppard Arnold) (p None)
U.S. v. Orso, No. 99-50328 (9th Cir.) (266 F.3d 1030) (September 17, 2001) (Judge Diarmuid F. O'Scannlain) (p None)
U.S. v. Hester, No. 97-9232 (11th Cir.) (262 F.3d 1258) (August 9, 2001) (Judge Susan H. Black) (p None)
U.S. v. Merced, No. 00-1810 (2nd Cir.) (263 F.3d 34) (August 29, 2001) (Per Curiam) (p None)
U.S. v. Scarfo, No. 00-4313 (3rd Cir.) (263 F.3d 80) (August 27, 2001) (Judge Max Rosenn) (p None)
U.S. v. Danser, No. 99-4251 (7th Cir.) (270 F.3d 451) (October 25, 2001) (Judge Joel L. Flaum) (p None)

U.S. v. Sherman, No. 00-2184 (8th Cir.) (262 F.3d 784) (August 21, 2001) (Judge Roger L. Wollman)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists.

U.S. v. Wells, No. 00-10134 (5th Cir.) (262 F.3d 455) (August 16, 2001) (Judge Fortunato P. Benavides)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists.

Yahweh v. U.S. Parole Com'n., No. 01-2848-CIV-MOORE (S.D.Fla.) (158 F.Supp.2d 1332) (August 15, 2001) (Judge K. Michael Moore)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists, Special Conditions.

Here the Court rejected challenges under both the First Amendment and the Religious Freedoms Restoration Act to an unusually broad series of parole conditions that barred a religious leader from associating with members of his temple.

In 1979, a man named Hulon Mitchell, Jr. moved to Miami, where he began ...

U.S. v. Monteiro, No. 01-1564 (7th Cir.) (270 F.3d 465) (October 26, 2001) (Judge Kenneth F. Ripple)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists, Search and Seizure.

The defendant in this case was indicted on four counts of mail fraud and one count of access device fraud (in violation of 18 U.S.C. § 1029(a)(2) and (c)(1)(b) arising out of his activities in using the identities and social security numbers of other people to obtain various merchandise. He ...

Green v. U.S., No. 00-2624 (8th Cir.) (262 F.3d 715) (August 17, 2001) (Judge Morris Sheppard Arnold)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses.

The petitioner in this case, Mack Green, sought to challenge his conviction and sentence pursuant to 28 U.S.C. § 2255. As part of that proceeding, he applied for in forma pauperis status. Although the district court never made an explicit finding that Green was indigent, it did allow him to ...

U.S. v. Orso, No. 99-50328 (9th Cir.) (266 F.3d 1030) (September 17, 2001) (Judge Diarmuid F. O'Scannlain)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists, Miranda.

In this decision the en banc court held that under Oregon v. Elstad, 470 U.S. 298 (1985), a Mirandized confession must be suppressed only if the confession was tainted by unwarned statements that were involuntary. Suppression of the warned confession is not required if the unwarned statements were elicited by ...

U.S. v. Hester, No. 97-9232 (11th Cir.) (262 F.3d 1258) (August 9, 2001) (Judge Susan H. Black)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists, Plain Error.

U.S. v. Merced, No. 00-1810 (2nd Cir.) (263 F.3d 34) (August 29, 2001) (Per Curiam)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists, Sentences - Authorized.

Although supervised release is now an obligatory component of virtually every Federal sentence, it is sometimes amazing how much confusion reigns at sentencing about some very basic issues - including the scope and permissible terms of supervised release. Admittedly, the supervised release component of a sentence is usually the last ...

U.S. v. Scarfo, No. 00-4313 (3rd Cir.) (263 F.3d 80) (August 27, 2001) (Judge Max Rosenn)

Loaded on Oct. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists.

Here the Court held that a “gag order” placed by Judge Politan of the D.N.J. on a defense attorney who had been removed from the case constituted an unreasonable and unwarranted invasion of the attorney’s First Amendment rights.

This is an interesting case involving the validity of a gag order ...

U.S. v. Danser, No. 99-4251 (7th Cir.) (270 F.3d 451) (October 25, 2001) (Judge Joel L. Flaum)

Loaded on Dec. 1, 2001 published in Punch and Jurists October 08, 2001

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences.

Here the court vacated as improper the imposition of three consecutive, three year terms of supervised release imposed on three different counts of conviction on the grounds that the law does nor permit consecutive terms of supervised release.

This is another case that shows how courts can err in the ...