Search | Punch and Jurists

U.S. v. Mejia-Pimental, No. 05-30604 (9th Cir.) (477 F.3d 1100) (February 26, 2006) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Good Faith Disclosure

U.S. v. Mejia-Pimental, No. 05-30604 (9th Cir.) (477 F.3d 1100) (February 26, 2006) (Judge Richard A. Paez) by One of the few statutory provisions that enables a defendant to obtain relief from the growing assortment of mandatory minimum sentences is the safety valve statute contained in 18 U.S.C. § 3553(f), …

U.S. v. Mueffelman, No. 05-2616 (1st Cir.) (470 F.3d 33) (November 28, 2006) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Mueffelman, No. 05-2616 (1st Cir.) (470 F.3d 33) (November 28, 2006) (Judge Michael Boudin) by

U.S. v. Ministro-Tapia, No. 05-5101-pr (2nd Cir.) (470 F.3d 137) (November 28, 2006) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Parsimony Principle or Clause

U.S. v. Ministro-Tapia, No. 05-5101-pr (2nd Cir.) (470 F.3d 137) (November 28, 2006) (Judge John M. Jr. Walker) by Since the Supreme Court’s decision in U.S. v. Booker, and the emphasis it placed on the “reasonableness” of a sentence, numerous commentators have noted that the appellate courts seem to have …

Omar v. Harvey, No. 06-5126 (D.C. Cir.) (479 F.3d 1) (February 9, 2007) (Judge David S. Tatel)

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

Filed under: Punch And Jurists

Omar v. Harvey, No. 06-5126 (D.C. Cir.) (479 F.3d 1) (February 9, 2007) (Judge David S. Tatel) by This case involves the arrest and detention of Shawqi Ahmad Omar, an American citizen who went to Iraq either to help with the reconstruction effort or to join a terrorist network (depending …

Lawrence v. Florida, No. 05-8820 (U.S. Supreme Court) (549 U.S. 327; 127 S.Ct. 1079) (February 20, 2007) (Justice Thomas)

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

Filed under: Punch And Jurists

Lawrence v. Florida, No. 05-8820 (U.S. Supreme Court) (549 U.S. 327; 127 S.Ct. 1079) (February 20, 2007) (Justice Thomas) by This is one of those procedurally complex habeas corpus cases that illustrates, once again, the chaotic disarray and sometimes mind-blowing incoherence wrought on the once clear law of habeas corpus …

Pruitt v. Mote, No. 05-1620 (7th Cir.) (472 F.3d 484) (December 28, 2006) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Competence to Litigate

Pruitt v. Mote, No. 05-1620 (7th Cir.) (472 F.3d 484) (December 28, 2006) (Judge Frank H. Easterbrook) by Here a divided panel held that the district court had not abused its discretion by failing to appoint counsel for an in forma pauperis prisoner who brought a § 1983 action alleging …

U.S. v. Hassoun, No. 06-15845 (11th Cir.) (476 F.3d 1181) (January 30, 2007) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Hassoun, No. 06-15845 (11th Cir.) (476 F.3d 1181) (January 30, 2007) (Judge Gerald B. Tjoflat) by In the latest sequel to the Government’s long-running drama involving the alleged terrorist Jose Padilla, the Eleventh Circuit ruled in favor of the Department of Justice and reinstated a key terrorism charge …

U.S. v. Pickett, No. 05-3179 (D.C. Cir.) (475 F.3d 1347) (February 13, 2007) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Grounds for Variance

U.S. v. Pickett, No. 05-3179 (D.C. Cir.) (475 F.3d 1347) (February 13, 2007) (Judge A. Raymond Randolph) by While the sentencing world waits for the Supreme Court to put some clarity, consistency and direction back into the Federal sentencing system in the wake of U.S. v. Booker, the courts continue …

U.S. v. Mercado, No. 05-50624 (9th Cir.) (474 F.3d 654) (January 22, 2007) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Mercado, No. 05-50624 (9th Cir.) (474 F.3d 654) (January 22, 2007) (Judge Ferdinand F. Fernandez) by Robert Mercado and Daniel Bravo were each charged with RICO and drug conspiracies and a slew of other gun, murder and racketeering crimes in a case against alleged members of the Mexican …

U.S. v. Castillo, No. 03 CR 835 (RWS) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 7422) (January 24, 2007) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Alternative Grounds For Departure

U.S. v. Castillo, No. 03 CR 835 (RWS) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 7422) (January 24, 2007) (Judge Robert W. Sweet) by

U.S. v. Grier, No. 05-1698 (3rd Cir.) (475 F.3d 556) (February 5, 2007) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists

U.S. v. Grier, No. 05-1698 (3rd Cir.) (475 F.3d 556) (February 5, 2007) (Judge Raymond C. Fisher) by The sentencing world continues to wait patiently for the Supreme Court to resolve some of the many questions left unanswered by the sentencing revolution that it started with its Apprendi/Blakely/Booker line of …

Jasperson v. Federal Bureau of Prisons, No. Civ. No. 06-01488 (HHK) (D.D.C.) (460 F.Supp.2d 76) (October 30, 2006) (Judge Henry H. Jr. Kennedy)

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

Filed under: Punch And Jurists, 10% Limitation

Jasperson v. Federal Bureau of Prisons, No. Civ. No. 06-01488 (HHK) (D.D.C.) (460 F.Supp.2d 76) (October 30, 2006) (Judge Henry H. Jr. Kennedy) by Plaintiff, after being convicted but while out of prison on recognizance bail after being sentenced to a four-month term, sued defendant Bureau of Prisons (BOP), alleging …

U.S. v. Chambers, No. 06-2405 (7th Cir.) (473 F.3d 724) (January 9, 2007) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Chambers, No. 06-2405 (7th Cir.) (473 F.3d 724) (January 9, 2007) (Judge Richard A. Posner) by The defendant appealed his sentence of 188 months imposed by the district court following his guilty plea to being a felon in possession of a firearm. The district court sentenced the defendant …

U.S. v. Cuellar, No. 05-10065 (5th Cir.) (478 F.3d 282) (February 2, 2007) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Concealment

U.S. v. Cuellar, No. 05-10065 (5th Cir.) (478 F.3d 282) (February 2, 2007) (Judge W. Eugene Davis) by In 2004, Humberto Cuellar was arrested in Texas while traveling toward Mexico with $83,000 in cash hidden underneath the floorboard of his car. He was subsequently convicted by a jury of international …

U.S. v. Manzella, No. 06-3434 (3rd Cir.) (475 F.3d 152) (February 2, 2007) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Manzella, No. 06-3434 (3rd Cir.) (475 F.3d 152) (February 2, 2007) (Judge Thomas L. Ambro) by Here the Court held that sentencing courts may not use imprisonment as a means of promoting rehabilitation, in this case by increasing the defendant’s sentence to make her eligible to participate in …

U.S. v. Lai, No. 99 CR 1272 (S.D.N.Y.) (458 F.Supp.2d 177) (October 27, 2006) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Early Release

U.S. v. Lai, No. 99 CR 1272 (S.D.N.Y.) (458 F.Supp.2d 177) (October 27, 2006) (Judge Victor Marrero) by In theory, 18 U.S.C. § 3583(e)(1) permits a person serving a term of supervised release to seek early termination of such supervision if such action “is warranted by the conduct of the …

U.S. v. Terrell County, GA, No. 1:04-CV-76 (WLS) (M.D.Ga.) (457 F.Supp.2d 1359) (September 29, 2006) (Judge W. Louis Sands)

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

Filed under: Punch And Jurists, Deliberate Indifference

U.S. v. Terrell County, GA, No. 1:04-CV-76 (WLS) (M.D.Ga.) (457 F.Supp.2d 1359) (September 29, 2006) (Judge W. Louis Sands) by In this case, District Judge W. Louis Sands found that the sheriff and other officials of Terrell County, GA were deliberately indifferent to the “grossly deficient” conditions in the local …

U.S. v. Garcia, No. 06-2741 (7th Cir.) (474 F.3d 994) (February 2, 2007) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Garcia, No. 06-2741 (7th Cir.) (474 F.3d 994) (February 2, 2007) (Judge Richard A. Posner) by The issue before the Court in this case was whether the Fourth Amendment permits the government to surreptitiously install a GPS tracking device on a suspect’s car and then track his movements. …

U.S. v. Du, No. 05-1288 (10th Cir.) (467 F.3d 1168) (February 22, 2007) (Judge Timothy M. Tymkovich)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Du, No. 05-1288 (10th Cir.) (467 F.3d 1168) (February 22, 2007) (Judge Timothy M. Tymkovich) by In U.S. v. Souser, 405 F.3d 1162 (10th Cir. May 4, 2005) (P&J, 04/18/05), the Tenth Circuit held that an “employment verification policy” for federal probationers established by the Colorado probation office …

U.S. v. Gobbi, No. 06-1643 (1st Cir.) (471 F.3d 302) (December 28, 2006) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Gobbi, No. 06-1643 (1st Cir.) (471 F.3d 302) (December 28, 2006) (Judge Bruce M. Selya) by Here, in affirming a sentence increase based on the district court's use of conduct underlying a count for which the defendant had been acquitted, the Court stated: "It is true that the …