Search | Punch and Jurists

Johnson v. U.S., No. 99-5153 (U.S. Supreme Court) (529 U.S. 694; 120 S.Ct. 1795) (May 15, 2000) (Justice Souter)

Article • October 7, 2003 • from P&J May, 2000

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

Johnson v. U.S., No. 99-5153 (U.S. Supreme Court) (529 U.S. 694; 120 S.Ct. 1795) (May 15, 2000) (Justice Souter) by Justice Scalia set the tone for this case when he candidly noted in his dissent that “[t]his is not an important case, since it deals with the interpretation of a …

Harris v. Nelson, No. 199 (U.S. Supreme Court) (394 U.S. 286; 89 S.Ct. 1082) (March 24, 1969) (Justice Fortas)

Article • December 31, 2002

Filed under: Punch And Jurists, Discovery - Generally

Harris v. Nelson, No. 199 (U.S. Supreme Court) (394 U.S. 286; 89 S.Ct. 1082) (March 24, 1969) (Justice Fortas) by In this case the Court addressed the question of whether state prisoners who have commenced habeas corpus proceedings in a federal district court may, in proper circumstances, utilize the instrument …

U.S. v. Dixon, No. CRIM. A. 2:99-00050 (S.D.W.Va.) (187 F.Supp.2d 601) (February 20, 2002) (Judge Charles H. II Haden)

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

Filed under: Punch And Jurists, Discovery - Generally

U.S. v. Dixon, No. CRIM. A. 2:99-00050 (S.D.W.Va.) (187 F.Supp.2d 601) (February 20, 2002) (Judge Charles H. II Haden) by Here the Court held that defendants on supervision who are facing revocation proceedings have a right, under Fed.R.Crim.P. 32.1(a)(2), to advance disclosure of evidence against them and to the production …

Bracy v. Gramley, No. 96-6133 (U.S. Supreme Court) (520 U.S. 899; 117 S.Ct. 1793) (June 9, 1997) (Justice Rehnquist)

Article • June 25, 2001

Filed under: Punch And Jurists, Discovery - Generally

Bracy v. Gramley, No. 96-6133 (U.S. Supreme Court) (520 U.S. 899; 117 S.Ct. 1793) (June 9, 1997) (Justice Rehnquist) by Case held that petitioner made a sufficient factual showing, under Rule 6(a) of Rules governing § 2254 cases, to establish good cause for discovery on a claim of judicial bias …

U.S. v. Cade, No. 00-30026 (9th Cir.) (236 F.3d 463) (December 20, 2000) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Cade, No. 00-30026 (9th Cir.) (236 F.3d 463) (December 20, 2000) (Judge Susan P. Graber) by This case is noted for its holding that, while there may be limits on the initial term of supervised release that may be imposed for most felony convictions, there are no limits …

Stinson v. U.S., No. 91-8685 (U.S. Supreme Court) (508 U.S. 36; 113 S.Ct. 1913) (May 3, 1993) (Justice Kennedy)

Article • November 6, 2000

Filed under: Punch And Jurists, Guideline Policy Statements/Commentary

Stinson v. U.S., No. 91-8685 (U.S. Supreme Court) (508 U.S. 36; 113 S.Ct. 1913) (May 3, 1993) (Justice Kennedy) by In this case the Supreme Court reviewed a decision of the Court of Appeals for the Eleventh Circuit holding that the commentary to the Sentencing Guidelines is not binding on …

Moody v. Daggett, No. 74-6632 (U.S. Supreme Court) (429 U.S. 78; 97 S.Ct. 274) (November 15, 1976) (Justice Burger)

Article • July 16, 2000

Filed under: Punch And Jurists, Detainers - Delays in executing

Moody v. Daggett, No. 74-6632 (U.S. Supreme Court) (429 U.S. 78; 97 S.Ct. 274) (November 15, 1976) (Justice Burger) by Case held that a decision on a parole revocation hearing that imposes a detainer on a Federal prisoner serving an active sentence may await the completion of the active sentence …

U.S. v. Trenter, No. 99-30226 (9th Cir.) (201 F.3d 1262) (February 7, 2000) (Judge Sidney R. Thomas)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Trenter, No. 99-30226 (9th Cir.) (201 F.3d 1262) (February 7, 2000) (Judge Sidney R. Thomas) by Some years ago, District Judge Stanley Sporkin condemned the Parole Commission for its policy of placing probationers on a never-ending treadmill, by violating them for various infractions of their “special parole”, and …

U.S. v. Brings Plenty, No. 98-4037 (8th Cir.) (188 F.3d 1051) (September 1, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Brings Plenty, No. 98-4037 (8th Cir.) (188 F.3d 1051) (September 1, 1999) (Per Curiam) by In this case, the defendant was originally sentenced to a 57 month term of imprisonment and three years of supervised release after pleading guilty to arson of a dwelling on an Indian reservation. …

U.S. v. Shorty, No. 98-2343 (7th Cir.) (159 F.3d 312) (October 30, 1998) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Shorty, No. 98-2343 (7th Cir.) (159 F.3d 312) (October 30, 1998) (Judge Michael S. Kanne) by Case held that resentencing of the defendant to a new term of supervised release did not violate the Ex Post Facto Clause, and that the potential for additional successive revocation sentences was …

U.S. v. Gangi, No. 97 Cr. 1215(DC) (S.D.N.Y.) (1 F.Supp.2d 256) (April 2, 1998) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Discovery - Generally

U.S. v. Gangi, No. 97 Cr. 1215(DC) (S.D.N.Y.) (1 F.Supp.2d 256) (April 2, 1998) (Judge Denny Chin) by This is an amusing case in which the Government somehow inadvertently released to defense counsel a confidential prosecution memorandum that described the Government's strategies, its witnesses and the sources of its evidence. …

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich) by Here, citing a portion of the legislative history of § 3583(h), the Court held that the imposition of a 2nd term of supervised release violates the Ex Post Facto Clause when the …

U.S. v. Lominac, No. 96-4282 (4th Cir.) (144 F.3d 308) (May 11, 1998) (Judge M. Blane Michael)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Lominac, No. 96-4282 (4th Cir.) (144 F.3d 308) (May 11, 1998) (Judge M. Blane Michael) by Excellent case that summarizes the law dealing with the authority of the courts to impose new terms of supervised release after an earlier term has been revoked. This case is noted because …

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie) by Until 1994, if a person was on supervised release, and his term of supervised release was revoked for some infraction, and he was sent back to prison, most of the Circuits …

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie) by Here the Court followed the lead of the Second, Eighth, Ninth and Tenth Circuits and held that the specific term of supervised release imposed under 21 U.S.C. § 841(b) may exceed …

U.S. v. Withers, No. 96-1276 (7th Cir.) (128 F.3d 1167) (November 7, 1997) (Judge Michael S. Kanne)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Withers, No. 96-1276 (7th Cir.) (128 F.3d 1167) (November 7, 1997) (Judge Michael S. Kanne) by United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne) United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam) United States v. Pelensky, 129 F.3d 63 (2nd …

U.S. v. Eske, No. 98-2524 (7th Cir.) (189 F.3d 536) (August 27, 1999) (Judge Joel L. Flaum)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Eske, No. 98-2524 (7th Cir.) (189 F.3d 536) (August 27, 1999) (Judge Joel L. Flaum) by Here, the 7th Circuit joined the vast majority of courts in holding that the use of 18 U.S.C. § 3583(h) (which was enacted in 1994) to justify the imposition of a new …

Borrego v. U.S., No. 97 Civ. 1486 (MJL) (S.D.N.Y.) (975 F.Supp. 520) (August 25, 1997) (Judge Mary Johnson Lowe)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

Borrego v. U.S., No. 97 Civ. 1486 (MJL) (S.D.N.Y.) (975 F.Supp. 520) (August 25, 1997) (Judge Mary Johnson Lowe) by This case highlights both an important limitation on a 1994 amendment to the statutes regulating supervised release (18 U.S.C. § 3583(h)) and an oft-overlooked, but important, provision of the same …

U.S. v. Schwegel, No. 97-1082 (3rd Cir.) (126 F.3d 551) (October 7, 1997) (Per Curiam)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Guideline Policy Statements/Commentary

U.S. v. Schwegel, No. 97-1082 (3rd Cir.) (126 F.3d 551) (October 7, 1997) (Per Curiam) by Case reviewed legislative history of 18 U.S.C. § 3553 and concludes that sentencing courts are not required to follow advisory policy statements of Guidelines when imposing sentences for violations of supervised release. Case reviews …

U.S. v. Schwegel, No. 97-1082 (3rd Cir.) (126 F.3d 551) (October 7, 1997) (Per Curiam)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Guideline Policy Statements/Commentary

U.S. v. Schwegel, No. 97-1082 (3rd Cir.) (126 F.3d 551) (October 7, 1997) (Per Curiam) by Case reviewed legislative history of 18 U.S.C. § 3553 and concludes that sentencing courts are not required to follow advisory policy statements of Guidelines when imposing sentences for violations of supervised release. Case reviews …