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Punch and Jurists: January 14, 2002

Issue PDF
Volume 9, Number 2

In this issue:

  1. U.S. v. Paul, No. 00-41299 (5th Cir.) (274 F.3d 155) (November 19, 2001) (Judge Carolyn Dineen King) (p None)
  2. U.S. v. Lujano-Perez, No. 00-40920 (5th Cir.) (274 F.3d 219) (November 26, 2001) (Judge Harold R. Jr. DeMoss) (p None)
  3. U.S. v. Cooper, No. 00-30208 (5th Cir.) (274 F.3d 230) (November 26, 2001) (Judge Fortunato P. Benavides) (p None)
  4. U.S. v. Nubuor, No. 00-3012 (7th Cir.) (274 F.3d 435) (December 12, 2001) (Judge Joel L. Flaum) (p None)
  5. U.S. v. Adkins, No. 00-1057 (7th Cir.) (274 F.3d 444) (December 13, 2001) (Judge Diane P. Wood) (p None)
  6. U.S. v. Kirksey, No. 00-CR-80654 (E.D.Mich.) (174 F.Supp.2d 611) (December 4, 2001) (Judge Gerald E. Rosen) (p None)
  7. U.S. v. Jackson, No. CR.A.99-385M-01(JMF) (D.D.C.) (175 F.Supp.2d 22) (November 27, 2001) (Judge Magistrate) (p None)
  8. U.S. v. Blackmon, No. 99-50534 (9th Cir.) (273 F.3d 1204) (December 12, 2001) (Judge Betty Binns Fletcher) (p None)
  9. U.S. v. Pacheco, No. 95 Crim 619 LAK (S.D.N.Y.) (175 F.Supp.2d 541) (May 1, 2001) (Judge Lewis A. Kaplan) (p None)
  10. Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (276 F.3d 1125) (January 11, 2002) (Judge Harry Pregerson) (p None)
  11. U.S. v. Sachdev, No. 01-2413 (1st Cir.) (279 F.3d 25) (February 1, 2002) (Judge Sandra L. Lynch) (p None)
  12. U.S. v. Daniels, No. Crim. No. 01-40002-01-KHV (D.Kan.) (174 F.Supp.2d 1209) (November 9, 2001) (Judge Kathryn H. Vratil) (p None)

U.S. v. Paul, No. 00-41299 (5th Cir.) (274 F.3d 155) (November 19, 2001) (Judge Carolyn Dineen King)

Here the Court affirmed several special conditions of supervised release for a person convicted of various child pornography crimes, including a prohibition on the use of the Internet and a prohibition on holding certain types of employment.

The defendant in this case was convicted of various child pornography crimes and ...

U.S. v. Lujano-Perez, No. 00-40920 (5th Cir.) (274 F.3d 219) (November 26, 2001) (Judge Harold R. Jr. DeMoss)

In this case, a divided panel held that that the trial court's failure to admonish the defendants of the nature of the charge, as required by Rule 11 of the Fed.R.Crim.P., was not harmless error and required that the convistionc be vacated.

Here, four defendants pleaded guilty to violating 8 ...

U.S. v. Cooper, No. 00-30208 (5th Cir.) (274 F.3d 230) (November 26, 2001) (Judge Fortunato P. Benavides)

U.S. v. Nubuor, No. 00-3012 (7th Cir.) (274 F.3d 435) (December 12, 2001) (Judge Joel L. Flaum)

U.S. v. Adkins, No. 00-1057 (7th Cir.) (274 F.3d 444) (December 13, 2001) (Judge Diane P. Wood)

U.S. v. Kirksey, No. 00-CR-80654 (E.D.Mich.) (174 F.Supp.2d 611) (December 4, 2001) (Judge Gerald E. Rosen)

Here the Court held that the general Federal drug laws, 21 U.S.C. §§ 841(b)(1)(A) and (b)(1)(B), were not rendered unconstitutional by the Supreme Court's decision in Apprendi.

U.S. v. Jackson, No. CR.A.99-385M-01(JMF) (D.D.C.) (175 F.Supp.2d 22) (November 27, 2001) (Judge Magistrate)

Here, citing both cases and the text of Note 6 to U.S.S.G. § 4A1.2, the Court held that it is settled "beyond all question" that the invalidity of the underlying conviction is not a defense to the revocation of probation or supervised release.

The defendant in this case, Gregory Allen ...

U.S. v. Blackmon, No. 99-50534 (9th Cir.) (273 F.3d 1204) (December 12, 2001) (Judge Betty Binns Fletcher)

This case is noted as a rare example of an appellate court ruling that a conviction should be reversed because the Government had failed to comply with some of the statutory requirements for obtaining a wiretap. Wiretaps have long roused strong feelings - even if the number of officially reported ...

U.S. v. Pacheco, No. 95 Crim 619 LAK (S.D.N.Y.) (175 F.Supp.2d 541) (May 1, 2001) (Judge Lewis A. Kaplan)

Here the Court slammed the Government for giving a non-responsive answer to his order that it return to a defendant a passport and personal identification papers that were seized at the time of his arrest.

This brief Order is noted as an example of the arrogance of power that often ...

Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (276 F.3d 1125) (January 11, 2002) (Judge Harry Pregerson)

Here, on remand from the Supreme Court, a panel reaffirmed a prior decision in which it had held that police officers were not entitled to assert the defense of qualified immunity in a case where they used pepper spray on peaceful protestors.

In the fall of 1997, a group of ...

U.S. v. Sachdev, No. 01-2413 (1st Cir.) (279 F.3d 25) (February 1, 2002) (Judge Sandra L. Lynch)

Here the Court reviewed the criteria for granting a departure based on coercion and duress (under the provisions of U.S.S.G. § 5K2.12) and held that normally there must be either an actual threat of physical violence for such a departure.

In this decision, the First Circuit presented a detailed analysis ...

U.S. v. Daniels, No. Crim. No. 01-40002-01-KHV (D.Kan.) (174 F.Supp.2d 1209) (November 9, 2001) (Judge Kathryn H. Vratil)

This case is noted for its brief discussion of the so-called "two-witness rule" - a common law rule that arose in England in the seventeenth century which held that, while the testimony of a single witness was sufficient for most crimes, a perjury conviction could only be obtained on the ...