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U.S. v. Villanueva-Sotelo, No. 07-3055 (D.C. Cir.) (515 F.3d 1234) (February 15, 2008) (Judge David S. Tatel)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Villanueva-Sotelo, No. 07-3055 (D.C. Cir.) (515 F.3d 1234) (February 15, 2008) (Judge David S. Tatel) by Here, creating a conflict with three other Circuits, a divided Court ruled that the mens rea element of the aggravated identity theft statute (18 U.S.C. § 1028A(a)(1)) was ambiguous; and it therefore …

Pinkerton v. U.S., No. 719 (U.S. Supreme Court) (328 U.S. 640; 66 S.Ct. 1180) (June 10, 2046) (Justice Douglas)

Article • October 5, 2007

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

Pinkerton v. U.S., No. 719 (U.S. Supreme Court) (328 U.S. 640; 66 S.Ct. 1180) (June 10, 2046) (Justice Douglas) by In this case the Court held that a party to a continuing conspiracy may be responsible for a substantive offense committed by a co-conspirator pursuant to and in furtherance of …

U.S. v. Adams, No. 04-5391-cr (2nd Cir.) (448 F.3d 492) (May 10, 2006) (Judge Rosemary S. Pooler)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Adams, No. 04-5391-cr (2nd Cir.) (448 F.3d 492) (May 10, 2006) (Judge Rosemary S. Pooler) by This opinion does not break new ground, but is a good reminder that while the substantive distribution offense under the drug laws, e.g., 21 U.S.C. § 841(a), does not (as the law …

Whitfield v. U.S., No. 03-1293 (U.S. Supreme Court) (543 U.S. 209; 125 S.Ct. 687) (January 11, 2005) (Justice O'Connor)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Mens Rea Element

Whitfield v. U.S., No. 03-1293 (U.S. Supreme Court) (543 U.S. 209; 125 S.Ct. 687) (January 11, 2005) (Justice O'Connor) by

U.S. v. Nava-Sotelo, No. 02-2338 (10th Cir.) (354 F.3d 1202) (December 31, 2003) (Judge Terrence L. O'Brien)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Nava-Sotelo, No. 02-2338 (10th Cir.) (354 F.3d 1202) (December 31, 2003) (Judge Terrence L. O'Brien) by Along with other crimes, defendant was convicted in the United States District Court for the District of New Mexico for the use and carrying of a firearm during a crime of violence …

U.S. v. Smack, No. 02-2620 (3rd Cir.) (347 F.3d 533) (October 24, 2003) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Sting Operations

U.S. v. Smack, No. 02-2620 (3rd Cir.) (347 F.3d 533) (October 24, 2003) (Judge Edward R. Becker) by Here the Court presented an in-depth anayysis of Application Note 12 to U.S.S.G. § 2D1.1, and concluding that it was "poorly drafted." "opaque" and "a bit warped," it called upon the Sentencing …

U.S. v. Colon-Solis, No. 01-1773 (1st Cir.) (354 F.3d 101) (January 8, 2004) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Colon-Solis, No. 01-1773 (1st Cir.) (354 F.3d 101) (January 8, 2004) (Judge Bruce M. Selya) by Here the Court held that, when imposing a mandatory minimum sentence on individual defendants in a drug conspiracy case, it is error to automatically attribute to each defendant the quantity of drugs …

U.S. v. Campbell, No. 00-4134 (6th Cir.) (317 F.3d 597) (January 28, 2003) (Judge George C. Steeh)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Campbell, No. 00-4134 (6th Cir.) (317 F.3d 597) (January 28, 2003) (Judge George C. Steeh) by

U.S. v. Gamez-Gonzalez, No. 02-40297 (5th Cir.) (319 F.3d 695) (January 27, 2003) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Gamez-Gonzalez, No. 02-40297 (5th Cir.) (319 F.3d 695) (January 27, 2003) (Judge Rhesa Hawkins Barksdale) by U.S. v.Gamez-Gonzalez, 319 F.3d 695 (5th Cir. 2003) (Judge Barksdale) U.S. v. Waters, 313 F.3d 151 (3rd Cir. 2002) (Judge Becker) As we all know by now, in Apprendi v. New Jersey, …

U.S. v. Eli, No. Civ.A.99-0864(PLF) (D.D.C.) (227 F.Supp.2d 90) (September 5, 2002) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Eli, No. Civ.A.99-0864(PLF) (D.D.C.) (227 F.Supp.2d 90) (September 5, 2002) (Judge Paul L. Friedman) by Here, after the defendant was convicted of various drug charges, he filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 contending that his court appointed counsel …

Conant v. Walters, No. 00-17222 (9th Cir.) (309 F.3d 629) (October 29, 2002) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

Conant v. Walters, No. 00-17222 (9th Cir.) (309 F.3d 629) (October 29, 2002) (Judge Mary M. Schroeder) by This decision is the latest episode in the Government’s long-running battle to outlaw the use of marijuana for medical purposes. Previously, in a decision reported sub nom. Conant v. McCaffrey, 2000 WL …

U.S. v. Martinez, No. 00-2569 (7th Cir.) (301 F.3d 860) (September 3, 2002) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Martinez, No. 00-2569 (7th Cir.) (301 F.3d 860) (September 3, 2002) (Judge Ann Claire Williams) by Apprendi does not apply to a sentence falling within the statutory range mandated by defendant's stipulation to drug quantity; conviction is proper under 21 U.S.C. § 841(a)(1) even if defendant does not …

U.S. v. Fisher, No. 01-11320 (11th Cir.) (289 F.3d 1329) (May 2, 2002) (Judge Richard Mills)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Fisher, No. 01-11320 (11th Cir.) (289 F.3d 1329) (May 2, 2002) (Judge Richard Mills) by This case is noted for its rejection of numerous challenges to convictions under the Analogue Act (18 USC § 813) for unlawful possession and use of gamma-butyrolactone (GBL) - commonly referred to as …

U.S. v. Barbosa, No. 00-1205 (3rd Cir.) (271 F.3d 438) (November 6, 2001) (Judge Julio M. Fuentes)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Barbosa, No. 00-1205 (3rd Cir.) (271 F.3d 438) (November 6, 2001) (Judge Julio M. Fuentes) by This case involved the appeal of the defendant, Barbosa, who was convicted for possession with intent to distribute more than 50 grams of cocaine base and sentenced to 21 years in prison. …

U.S. v. Laster, No. 99-6244 (6th Cir.) (258 F.3d 525) (July 26, 2001) (Judge Eugene E. Jr. Siler)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Methamphetamine

U.S. v. Laster, No. 99-6244 (6th Cir.) (258 F.3d 525) (July 26, 2001) (Judge Eugene E. Jr. Siler) by Here the Court rejected the defendants' contention that the Apprendi rule required the jury to determine whether they intended to create D- or L-methamphetamine, since that determination would not have affected …

U.S. v. Fort, No. 00-10418 (5th Cir.) (248 F.3d 475) (April 17, 2001) (Judge Jerome Farris)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Fort, No. 00-10418 (5th Cir.) (248 F.3d 475) (April 17, 2001) (Judge Jerome Farris) by Here the Court rejected the defendant's contention that the one-year maximum sentence for small amounts of marijuana applied to him because he admitted at his sentencing hearing that he possessed 195 pounds of …

U.S. v. Oakland Cannabis Buyer's Cooperative, et al., No. 00-151 (U.S. Supreme Court) (532 U.S. 483; 121 S.Ct. 1711) (May 14, 2001) (Justice Thomas)

Article • May 16, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Oakland Cannabis Buyer's Cooperative, et al., No. 00-151 (U.S. Supreme Court) (532 U.S. 483; 121 S.Ct. 1711) (May 14, 2001) (Justice Thomas) by Here the Court held that that medical necessity is not a defense to criminal charges for manufacturing and distributing marijuana; although the decision left open …

U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson) by In this case a divided panel from the Sixth Circuit held that the crime of assaulting a federal officer, in violation of 18 USC 111(a)(1), is a general intent crime and, accordingly, …

U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent) by This decision will surprise a lot of Apprendi watchers. Here, the defendant, Gilbert Garcia, argued on his direct appeal that his five year term of supervised release was erroneous under Apprendi - …

U.S. v. Lowe, No. CRIM A 3:00-00063 (S.D.W.Va.) (143 F.Supp.2d 613) (November 28, 2000) (Judge Joseph R. Goodwin)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Lowe, No. CRIM A 3:00-00063 (S.D.W.Va.) (143 F.Supp.2d 613) (November 28, 2000) (Judge Joseph R. Goodwin) by Here the Court made a strong and persuasive case for the proposition that in marijuana cases, involving only small amounts which are disputed, the proper statutory maximum sentence is one year …