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U.S. v. Petri, No. 11-30337 (9th Cir.) (731 F.3d 833) (April 12, 2013) (Judge Richard C. Tallman)

Article • February 18, 2013 • from P&J August, 2014

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Petri, No. 11-30337 (9th Cir.) (731 F.3d 833) (April 12, 2013) (Judge Richard C. Tallman) by In its opening paragraph, the Court framed the issue before it as follows: “A full decade after an amendment to Rule 32 of the Federal Rules of Criminal Procedure, we are asked …

U.S. v. Rodriguez, No. 08-16696 (11th Cir.) (627 F.3d 1372) (December 22, 2010) (Judge Edward E. Carnes)

Article • December 1, 2010

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Rodriguez, No. 08-16696 (11th Cir.) (627 F.3d 1372) (December 22, 2010) (Judge Edward E. Carnes) by [Editor's Note: For a commentary on this decision, see "Eleventh Circuit panel sticks to tough plain error rule for sentencing appeals," by Prof. Doug Berman, as posted on Sentencing Law and Policy …

U.S. v. Saeteurn, No. 06-10401 (9th Cir.) (504 F.3d 1175) (October 15, 2007) (Judge Carlos T. Bea)

Article • September 1, 2007 • from P&J September, 2007

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Saeteurn, No. 06-10401 (9th Cir.) (504 F.3d 1175) (October 15, 2007) (Judge Carlos T. Bea) by Here the Court held that a sentencing judge is not required to resolve disputes regarding facts recited in a PSR, “when those facts do not affect the term of imprisonment imposed, but …

U.S. v. Stone, No. 04-6184 (6th Cir.) (432 F.3d 651) (December 23, 2005) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Stone, No. 04-6184 (6th Cir.) (432 F.3d 651) (December 23, 2005) (Judge Cornelia G. Kennedy) by Here, in rejecting a Booker challenge based on the district court's findings of fact regarding tax losses and an obstruction of justice enhancement, the Court emphasized that "Booker did not eliminate judicial …

U.S. v. Andrews, No. 03-51367 (5th Cir.) (390 F.3d 840) (November 11, 2004) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Andrews, No. 03-51367 (5th Cir.) (390 F.3d 840) (November 11, 2004) (Judge Jerry E. Smith) by Here the Court vacated a sentence that contained a dramatic upward departure, after concluding that the sentence imposed by Judge Biery of the W.D.Tex. was “fatally infected with antagonism towards the United …

U.S. v. Gotti, No. 02-CR-606 (E.D.N.Y.) (322 F.Supp.2d 230) (June 22, 2004) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Criminal Records

U.S. v. Gotti, No. 02-CR-606 (E.D.N.Y.) (322 F.Supp.2d 230) (June 22, 2004) (Judge Frederic Block) by The defendant in this case, Peter Gotti, the alleged acting boss of an organized crime family, was tried and convicted on various charges. Prior to his sentencing, and as is customary, various people submitted …

U.S. v. Kim, No. 03 Cr. 413 (RPP) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 18637) (October 21, 2003) (Judge Robert P. Jr. Patterson)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Kim, No. 03 Cr. 413 (RPP) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 18637) (October 21, 2003) (Judge Robert P. Jr. Patterson) by In October, 2002, Steven Kim, a 57-year old naturalized citizen from Korea traveled to New York from his home in Illinois to draw attention to the suffering …

U.S. v. Kirsch, No. Crim. No. 02-288 (D.Minn.) (287 F.Supp.2d 1005) (October 17, 2003) (Judge Paul A. Magnuson)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Kirsch, No. Crim. No. 02-288 (D.Minn.) (287 F.Supp.2d 1005) (October 17, 2003) (Judge Paul A. Magnuson) by In this brief Sentencing Memorandum, Judge Magnuson lashed out at recent attempts by Congress and the Justice Department to bully judges into imposing tough sentences - calling the efforts an "unwarranted …

U.S. v. Sanchez, No. 02-10180 (5th Cir.) (325 F.3d 600) (March 17, 2003) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Sanchez, No. 02-10180 (5th Cir.) (325 F.3d 600) (March 17, 2003) (Judge Patrick E. Higginbotham) by Here the Court rejected a claim of prejudicial judicial hostility through comments and questioning of witnesses, stating that while some of the district court's interventions may have been "inadvisable," they did not …

McMahon v. Hodges, No. 99 CIV, 10116(DC) (S.D.N.Y.) (225 F.Supp.2d 357) (September 30, 2002) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Judicial Hostility

McMahon v. Hodges, No. 99 CIV, 10116(DC) (S.D.N.Y.) (225 F.Supp.2d 357) (September 30, 2002) (Judge Denny Chin) by

U.S. v. Berry, No. 00-30222 (9th Cir.) (258 F.3d 971) (August 2, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Berry, No. 00-30222 (9th Cir.) (258 F.3d 971) (August 2, 2001) (Judge Stephen S. Trott) by The defendant in this case challenged the district court's reliance on the hearsay statements of his co-defendants at sentencing, alleging that: (1) the statements were inherently unreliable in that they were self-serving …

Ungar v. Sarafite, No. 167 (U.S. Supreme Court) (376 U.S. 575; 84 S.Ct. 841) (March 30, 2064) (Justice White)

Article • June 22, 2000

Filed under: Punch And Jurists, Judicial Hostility

Ungar v. Sarafite, No. 167 (U.S. Supreme Court) (376 U.S. 575; 84 S.Ct. 841) (March 30, 2064) (Justice White) by Here the Court held that criticism of the court's rulings and failure to obey court orders do not constitute a personal attack on the judge sufficient to warrant his disqualification …

U.S. v. Whitt, No. 99-2017 (7th Cir.) (211 F.3d 1022) (May 1, 2000) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Whitt, No. 99-2017 (7th Cir.) (211 F.3d 1022) (May 1, 2000) (Judge John L. Coffey) by Here the Court affirmed the authority of the judge - rather than the jury - to determine the quantity of drugs in a drug case and to rule on the credibility of …

U.S. v. Ocana, No. 98-41133 (5th Cir.) (204 F.3d 585) (February 18, 2000) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Ocana, No. 98-41133 (5th Cir.) (204 F.3d 585) (February 18, 2000) (Judge Carl E. Stewart) by This case is noted principally for Judge Politz' dissent where he objected to the defendant's almost three-fold increase in her sentence based on the testimony of two co-conspirators whose testimony was filled …

U.S. v. Makki, No. Crim. No. 98-0334(PLF) (D.D.C.) (47 F.Supp.2d 25) (April 20, 1999) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Makki, No. Crim. No. 98-0334(PLF) (D.D.C.) (47 F.Supp.2d 25) (April 20, 1999) (Judge Paul L. Friedman) by Here the Court held that the Government's conclusory and uncorroborated statements concerning the defendant's alleged membership in a terrorist organization were insifficient to warrant an upward departure in his criminal history …

U.S. v. Gomes, No. 97-2193 (1st Cir.) (177 F.3d 76) (May 27, 1999) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Gomes, No. 97-2193 (1st Cir.) (177 F.3d 76) (May 27, 1999) (Judge Michael Boudin) by The First Circuit also noted that it seemd that the rebuke was "amply justified" because counsel appeared to have ignored several warnings to stop arguing after various rulings were made. The Court then …

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Espinosa, No. 96-5208 (11th Cir.) (172 F.3d 795) (April 15, 1999) (Per Curiam) by The defendant in this case was convicted of various drug crimes, and at sentencing he sought a two level reduction in his base offense level under U.S.S.G. § 2D1.1(b)(6) - a provision that permits …

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans) by Judge Richard Mills is at it again. Distinguished as one of two judges who denied all motions for a new trial in one of the infamous "El Rukns" cases over which he …

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. Robinson, No. 98-2402 (7th Cir.) (164 F.3d 1068) (January 12, 1999) (Judge Terrence T. Evans) by Judge Richard Mills is at it again. Distinguished as one of two judges who denied all motions for a new trial in one of the infamous “El Rukns” cases over which he …

U.S. v. McEntire, No. 96-3973 (7th Cir.) (153 F.3d 424) (August 11, 1998) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Factual Disputes/Findings

U.S. v. McEntire, No. 96-3973 (7th Cir.) (153 F.3d 424) (August 11, 1998) (Judge Harlington Jr. Wood) by In this case, a witness offering information on the defendant's relevant conduct first stated in a proffer that he gave the defendant 50 pounds of methamphetamine; he then testified at trial that …