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Punch and Jurists: January 21, 2002

Issue PDF
Volume 9, Number 3

In this issue:

  1. U.S. v. Mitchell, No. 00-1366 (10th Cir.) (274 F.3d 1307) (October 23, 2001) (Judge Robert H. McWilliams) (p None)
  2. U.S. v. Farmer, No. 00-4580 (4th Cir.) (274 F.3d 800) (December 12, 2001) (Judge J. Harvie III Wilkinson) (p None)
  3. Larson v. U.S., No. 00-2455 (1st Cir.) (274 F.3d 643) (December 27, 2001) (Per Curiam) (p None)
  4. Brown v. Mayle, No. 99-17261 (9th Cir.) (283 F.3d 1019) (February 7, 2002) (Judge Marsha L. Berzon) (p None)
  5. U.S. v. Ortlieb, No. 00-30895 (5th Cir.) (274 F.3d 871) (November 27, 2001) (Judge Richard A. Schell) (p None)

U.S. v. Mitchell, No. 00-1366 (10th Cir.) (274 F.3d 1307) (October 23, 2001) (Judge Robert H. McWilliams)

In this case, three defendants were charged with various drug crimes based in large part on evidence obtained from wiretaps obtained by the Government that were supported by a 74-page affidavit of an FBI agent. The defendants sought to suppress the evidence obtained from the wiretaps on the grounds that ...

U.S. v. Farmer, No. 00-4580 (4th Cir.) (274 F.3d 800) (December 12, 2001) (Judge J. Harvie III Wilkinson)

In July, 1998, U.S. Customs Agents obtained warrants to search the residence and warehouse of William Farmer, who was not yet a defendant in any criminal proceedings, based on a showing of probable cause that he was engaged in the “illegal counterfeiting of clothing trademarks in violation of Federal law.” ...

Larson v. U.S., No. 00-2455 (1st Cir.) (274 F.3d 643) (December 27, 2001) (Per Curiam)

This case is noted principally as a reminder that the forfeiture laws now require the Government to pay interest on funds which it seizes from a claimant pursuant to a forfeiture proceeding, but which are ultimately returned to the claimant when the forfeiture proceedings are dropped or otherwise terminated.

In ...

Brown v. Mayle, No. 99-17261 (9th Cir.) (283 F.3d 1019) (February 7, 2002) (Judge Marsha L. Berzon)

Last Fall, a divided panel from the Ninth Circuit struck down two, consecutive 25-years-to-life sentences imposed under California’s three strikes law; and held that the sentences, which had been imposed on a defendant convicted of petty theft who had seven prior non-violent crimes, violated the Eighth Amendment’s ban on cruel ...

U.S. v. Ortlieb, No. 00-30895 (5th Cir.) (274 F.3d 871) (November 27, 2001) (Judge Richard A. Schell)

While representing one of the defendants during the course of a six-week trial in this case, defense attorney Michael S. Fawer of Covington, LA became embroiled in a number of arguments and confrontations with the prosecutor, A.U.S.A. Michael Reese Davis, and the trial judge, Judge Tyson of the M.D.La. After ...