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Ward v. Chavez, No. 09-17016 (9th Cir.) (678 F.3d 1042) (May 8, 2012) (Judge Jed S. Rakoff)

Article • May 14, 2012 • from P&J May, 2012

Filed under: Punch And Jurists, Failure To Consider the Defendant's Finalcial Resources

Ward v. Chavez, No. 09-17016 (9th Cir.) (678 F.3d 1042) (May 8, 2012) (Judge Jed S. Rakoff) by In this case, the district court (Judge G. Murray Snow of the D.Ariz.) ordered the defendant, who was convicted of armed bank robbery, to pay restitution for his crime, due and payable …

U.S. v. Padilla, No. 03-1918 (1st Cir.) (415 F.3d 211) (July 25, 2005) (Judge Bruce M. Selya)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Padilla, No. 03-1918 (1st Cir.) (415 F.3d 211) (July 25, 2005) (Judge Bruce M. Selya) by Defendant was convicted by a jury in the United States District Court for the District of Massachusetts of being a felon in possession of a firearm, in violation of 18 U.S.C. § …

U.S. v. Heath, No. 05-10175 (11th Cir.) (419 F.3d 1312) (August 12, 2005) (Per Curiam)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Aftercare Treatment Programs

U.S. v. Heath, No. 05-10175 (11th Cir.) (419 F.3d 1312) (August 12, 2005) (Per Curiam) by Here the Court held that a sentencing court may not delegate to a probation officer the power to determine whether a defendant on supervised release must participate in a mental health treatment program, as …

U.S. v. Vega, No. 03-1584 (1st Cir.) (398 F.3d 149) (February 24, 2005) (Judge Sandra L. Lynch)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Vega, No. 03-1584 (1st Cir.) (398 F.3d 149) (February 24, 2005) (Judge Sandra L. Lynch) by Defendants' appeals from judgments of the United States District Court for the District of Puerto Rico were consolidated. Both defendants were convicted after trial, along with two other codefendants, for conspiracy to …

U.S. v. Pruden, No. 04-1863 (3rd Cir.) (398 F.3d 241) (February 23, 2005) (Judge Edward R. Becker)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Pruden, No. 04-1863 (3rd Cir.) (398 F.3d 241) (February 23, 2005) (Judge Edward R. Becker) by Here the Court held that the district court (Judge Farnan of the D.Del.) erred by requiring, as a condition of supervised release, that the defendant obtain mental health counseling at the discretion …

U.S. v. Padilla, No. 03-1918 (1st Cir.) (393 F.3d 256) (December 23, 2004) (Per Curiam)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Padilla, No. 03-1918 (1st Cir.) (393 F.3d 256) (December 23, 2004) (Per Curiam) by Here the Court held that it was an improper delegation of judicial authority for the district court to allow the probation officer to determine the number of drug tests that the defendant was required …

U.S. v. Melendez-Santana, No. 01-2386 (1st Cir.) (353 F.3d 93) (December 24, 2003) (Judge Kermit A. Lipez)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Melendez-Santana, No. 01-2386 (1st Cir.) (353 F.3d 93) (December 24, 2003) (Judge Kermit A. Lipez) by Here the Court held that, under the plain language of 18 U.S.C. § 3583(d), the district court may not vest a probation officer with the discretion to order an unlimited number of …

U.S. v. VanHorn, No. 02-3687 (8th Cir.) (344 F.3d 729) (October 1, 2003) (Judge David R. Hansen)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. VanHorn, No. 02-3687 (8th Cir.) (344 F.3d 729) (October 1, 2003) (Judge David R. Hansen) by The defendant in this case argued that the district court abdicated its judicial function under the Mandatory Victims Restitution Act of 1996, 18 U.S.C. § 3664, by setting the restitution schedule in …

U.S. v. Butler, No. 99-3867 (6th Cir.) (297 F.3d 505) (July 30, 2002) (Judge Karen Nelson Moore)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Butler, No. 99-3867 (6th Cir.) (297 F.3d 505) (July 30, 2002) (Judge Karen Nelson Moore) by Here the Court held that delegation of determination of the amount of restitution to the Tax Court or the IRS, after a tax evasion conviction, is impermissible as an abrogation of the …

New York v. U.S., No. 91-543 (U.S. Supreme Court) (505 U.S. 144; 112 S.Ct. 2408) (June 19, 1992) (Justice O'Connor)

Article • June 21, 2000

Filed under: Punch And Jurists, Delegation of Authority

New York v. U.S., No. 91-543 (U.S. Supreme Court) (505 U.S. 144; 112 S.Ct. 2408) (June 19, 1992) (Justice O'Connor) by The Court had to decide "the circumstances under which Congress may use the States as implements of regulation; that is, whether Congress may direct or otherwise motivate the States …

U.S. v. Pandiello, No. 98-2427 (7th Cir.) (184 F.3d 682) (July 15, 1999) (Judge Diane P. Wood)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Pandiello, No. 98-2427 (7th Cir.) (184 F.3d 682) (July 15, 1999) (Judge Diane P. Wood) by The Court stated: "The restitution order directed that '[t]he restitution shall be paid in equal monthly installments during the period of incarceration through the Inmate Financial Responsibility Program' and in installments of …

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Dempsey, No. 98-5450 (11th Cir.) (180 F.3d 1325) (July 14, 1999) (Per Curiam) by Here the Court reversed a district court's holding that the Probation Department has the authority to impose an occupational restriction on a defendant as a condition of his supervised release, when the sentencing court …

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler) by In this case, following conviction for one count of credit card fraud, the defendant was ordered to pay a total of $19,192.54 in restitution to four victims. The order specified that the …

U.S. v. Mejia-Sanchez, No. 98-50194 (9th Cir.) (172 F.3d 1172) (April 19, 1999) (Judge Frank J. Magill)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Mejia-Sanchez, No. 98-50194 (9th Cir.) (172 F.3d 1172) (April 19, 1999) (Judge Frank J. Magill) by See also U.S. v. Davis, 151 F.3d 1304, 1307-08 (10th Cir. 1998), U.S. v. Bermudez-Plaza, 221 F.3d 231 (1st Cir. 8/2/00), and U.S. v. Cofield, No. 99-5437 (6th Cir. 11/22/00) - all …

U.S. v. Coates, No. 98-1173 (3rd Cir.) (178 F.3d 681) (May 21, 1999) (Judge Samuel A. Jr. Alito)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Coates, No. 98-1173 (3rd Cir.) (178 F.3d 681) (May 21, 1999) (Judge Samuel A. Jr. Alito) by The Court cited the express language of § 3664(f)(2) which states that the district court "shall specify in the restitution order the manner in which, and the schedule according to which, …

McGhee v. Clark, No. 98-2066 (7th Cir.) (166 F.3d 884) (January 28, 1999) (Judge Kenneth F. Ripple)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Delegation of Authority

McGhee v. Clark, No. 98-2066 (7th Cir.) (166 F.3d 884) (January 28, 1999) (Judge Kenneth F. Ripple) by The Court also held that BOP decisions to accelerate the defendant's payments of his fine and to count as available resources funds that the inmate received from outside sources were proper. Citing …

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Merric, No. 98-1455 (1st Cir.) (166 F.3d 406) (January 29, 1999) (Judge Michael Boudin) by "Although this court has not previously ruled on the delegation issue, we agree with Merric that the district judge could not empower the probation officer to make a final decision as to the …

U.S. v. Davis, No. 97-6188 (10th Cir.) (151 F.3d 1304) (August 12, 1998) (Judge Paul J. Jr. Kelly)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Davis, No. 97-6188 (10th Cir.) (151 F.3d 1304) (August 12, 1998) (Judge Paul J. Jr. Kelly) by This case is noted because it is the first Court of Appeals decision that we have seen to discuss whether the Probation Office's practice of initiating revocation proceedings is without statutory …

U.S. v. Bonanno, No. 96-3918 (7th Cir.) (146 F.3d 502) (June 12, 1998) (Judge John L. Coffey)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Bonanno, No. 96-3918 (7th Cir.) (146 F.3d 502) (June 12, 1998) (Judge John L. Coffey) by In this case the Seventh Circuit held that the sentencing court (Judge Holderman) went beyond the parameters of 18 U.S.C. § 3583(d) by ordering, as a condition of supervised release, that the …

Mujahid v. Crabtree, No. CV-97-1661-AS (D.Or.) (999 F.Supp. 1398) (April 8, 1998) (Judge Magistrate)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Delegation of Authority

Mujahid v. Crabtree, No. CV-97-1661-AS (D.Or.) (999 F.Supp. 1398) (April 8, 1998) (Judge Magistrate) by Butler v. Apfel, 144 F.3d 622 (9th Cir. 1998) (Per Curiam) Mujahid v. Crabtree, 999 F.Supp. 1398 (D.Or. 1998) (Magistrate Judge) United States v. Lopez-Bustamante, 998 F.Supp. 1404 (D.Colo. 1998) (Magistrate Judge) This trio of …