Search | Punch and Jurists

Fults v. Sanders, No. 05-3490 (8th Cir.) (442 F.3d 1088) (April 6, 2006) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, 10% Limitation

Fults v. Sanders, No. 05-3490 (8th Cir.) (442 F.3d 1088) (April 6, 2006) (Judge Michael J. Melloy) by Here a divided panel struck down the BOP's latest and "final" regulation limiting (halfway house) utilization to the last 10% of a defendant's sentence as contrary to the statutory command of 18 …

U.S. v. Ingram, No. 05-10866 (11th Cir.) (446 F.3d 1332) (April 25, 2006) (Judge Emmett Ripley Cox)

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

Filed under: Punch And Jurists, Barker Factors

U.S. v. Ingram, No. 05-10866 (11th Cir.) (446 F.3d 1332) (April 25, 2006) (Judge Emmett Ripley Cox) by In this case, the Eleventh Circuit reversed a conviction after finding that a two-year delay between the defendant’s indictment and his trial was presumptively unreasonable and violated the defendant’s right to a …

In Re: Vasquez-Ramirez, No. 04-75715 (9th Cir.) (443 F.3d 692) (April 6, 2006) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Acceptance/Rejection by the Court

In Re: Vasquez-Ramirez, No. 04-75715 (9th Cir.) (443 F.3d 692) (April 6, 2006) (Judge Alex Kozinski) by The issue before the Court in this case was whether a district judge may reject a guilty plea that satisfies all of the requirements of Fed.R.Crim.P. 11(b) - and the Court answered that …

U.S. v. Hurley, No. 04-3566 (8th Cir.) (439 F.3d 955) (March 13, 2006) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Hurley, No. 04-3566 (8th Cir.) (439 F.3d 955) (March 13, 2006) (Judge Kermit Edward Bye) by Here the Court held that U.S.S.G. § 5G1.3(c), which allows a court to run a sentence “concurrently, partially concurrently, or consecutively to the prior undischarged term of imprisonment” does not authorize a …

Goldyn v. Hayes, No. 04-17338 (9th Cir.) (444 F.3d 1062) (April 11, 2006) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Essential Elements of Crime

Goldyn v. Hayes, No. 04-17338 (9th Cir.) (444 F.3d 1062) (April 11, 2006) (Judge Alex Kozinski) by This decision amends the decision previously reported at 436 F.3d 1104 (9th Cir. Feb. 1, 2006). In the earlier decision, the Ninth Circuit granted habeas relief to Joni Goldyn, who was convicted of …

Pan v. Gonzales, No. 05-1751 (1st Cir.) (445 F.3d 60) (April 17, 2006) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Asylum

Pan v. Gonzales, No. 05-1751 (1st Cir.) (445 F.3d 60) (April 17, 2006) (Judge Jeffrey R. Howard) by This is one of those absurd immigration cases that is so disconnected from reality as to constitute deliberate indifference. Here, a panel of three white judges from New England (including one female, …

U.S. v. Kim, No. 05-50112 (9th Cir.) (443 F.3d 1143) (April 10, 2006) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists, Safe Harbor

U.S. v. Kim, No. 05-50112 (9th Cir.) (443 F.3d 1143) (April 10, 2006) (Judge Marsha L. Berzon) by Defendant appealed a decision of the United States District Court for the Central District of California, which convicted him of violating 21 U.S.C. § 841(c)(2), which prohibited the distribution of listed chemicals, …

U.S. v. Davenport, No. 05-4304 (4th Cir.) (445 F.3d 366) (April 21, 2006) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

U.S. v. Davenport, No. 05-4304 (4th Cir.) (445 F.3d 366) (April 21, 2006) (Judge William W. Jr. Wilkins) by Since Jan. 12, 2005, when the Supreme Court handed down its landmark sentencing decision in U.S. v. Booker, 543 U.S. 220 (2005), more than 75, 245 sentences have been imposed in …

Johnson v. U.S., No. 329 (U.S. Supreme Court) (333 U.S. 10; 68 S.Ct. 367) (February 2, 2048) (Justice Jackson)

Article • February 20, 2006

Filed under: Punch And Jurists, Warrantless Searches

Johnson v. U.S., No. 329 (U.S. Supreme Court) (333 U.S. 10; 68 S.Ct. 367) (February 2, 2048) (Justice Jackson) by The petitioner in this case sought a writ of certiorari to review a judgment of the Ninth Circuit affirming her conviction on four counts of violating federal narcotics laws on …

U.S. v. Zuniga-Peralta, No. 04-50575 (5th Cir.) (442 F.3d 345) (March 6, 2006) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Zuniga-Peralta, No. 04-50575 (5th Cir.) (442 F.3d 345) (March 6, 2006) (Judge Edith H. Jones) by The defendant in this case pled guilty to illegal reentry into the United States after a previous deportation. At a criminal history category II, his pre-Booker Guideline sentencing range was 27-to-33 months. …

U.S. v. Norris, No. 04-2073 (8th Cir.) (439 F.3d 916) (March 10, 2006) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Norris, No. 04-2073 (8th Cir.) (439 F.3d 916) (March 10, 2006) (Judge Michael J. Melloy) by After Jamal Norris negotiated and signed a plea agreement with the Government, a new AUSA took over his case for sentencing. The new prosecutor believed that his predecessor had given Norris too …

U.S. v. DeAmaris, No. CRIM. H-03-182 (S.D.Tex.) (406 F.Supp.2d 748) (December 1, 2005) (Judge Simeon T. III Lake)

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

Filed under: Terrorism, Punch And Jurists

U.S. v. DeAmaris, No. CRIM. H-03-182 (S.D.Tex.) (406 F.Supp.2d 748) (December 1, 2005) (Judge Simeon T. III Lake) by Here the Court held that the terrorism sentencing enhancement contained in U.S.S.G. § 3A1.4(a), which applies if the crime of conviction "involved, or was intended to promote, a federal crime of …

Rizal v. Gonzales, No. 03-40750 (2nd Cir.) (442 F.3d 84) (March 21, 2006) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Asylum

Rizal v. Gonzales, No. 03-40750 (2nd Cir.) (442 F.3d 84) (March 21, 2006) (Judge Robert A. Katzmann) by This is another one of a number of recent Circuit Court decisions which have clamped down hard on the stream of wacky and sometimes senseless decisions coming from the immigration courts. The …

U.S. v. Hansen, No. 03-1331 (1st Cir.) (434 F.3d 92) (January 13, 2006) (Judge William E. Smith)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Hansen, No. 03-1331 (1st Cir.) (434 F.3d 92) (January 13, 2006) (Judge William E. Smith) by A jury found that defendant violated 18 U.S.C. §§ 2, 924(c) and (j), 1951(a), and 1623 when he participated in a robbery that resulted in a death, and the U.S. District Court …

Padilla v. Hanft, No. 05-533 (U.S. Supreme Court) (547 U.S. 1062; 126 S.Ct. 1649) (April 3, 2006) (Per Curiam)

Article • February 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists

Padilla v. Hanft, No. 05-533 (U.S. Supreme Court) (547 U.S. 1062; 126 S.Ct. 1649) (April 3, 2006) (Per Curiam) by For the second time in two years, the Supreme Court declined to review an issue that has become one of the centerpieces of the current Administration’s war on terrorism - …

Ivanishvili v. U.S. Dep't of Justice, No. 03-4166 (2nd Cir.) (433 F.3d 332) (January 5, 2006) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Denial of Due Process

Ivanishvili v. U.S. Dep't of Justice, No. 03-4166 (2nd Cir.) (433 F.3d 332) (January 5, 2006) (Judge Richard J. Cardamone) by Here, once again, the Second Circuit lashed out at the incompetence and hostility of the immigration judges at immigration hearings. Petition for review of a decision denying petitioner's application …

U.S. v. Chen, No. 05-10108 (9th Cir.) (439 F.3d 1037) (March 2, 2006) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Chen, No. 05-10108 (9th Cir.) (439 F.3d 1037) (March 2, 2006) (Judge A. Wallace Tashima) by Here the Court affirmed a suppression order barring the use of statements made by an illegal immigrant during a custodial interrogation after he was not read his Miranda rights. Lin Chen, a …

Qassim v. Bush, No. Civ.A. 05-0497(JR) (D.D.C.) (407 F.Supp.2d 198) (December 22, 2005) (Judge James Robertson)

Article • February 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists

Qassim v. Bush, No. Civ.A. 05-0497(JR) (D.D.C.) (407 F.Supp.2d 198) (December 22, 2005) (Judge James Robertson) by Here Judge Robertson ruled that the continued, indefinite detention of two Chinese Muslims at Guantanamo Bay is unlawful, but said he had no authority "to do what I believe justice requires" in ordering …

Nadarajah v. Gonzales, No. 05-56759 (9th Cir.) (443 F.3d 1069) (March 17, 2006) (Judge Sidney R. Thomas)

Article • February 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

Nadarajah v. Gonzales, No. 05-56759 (9th Cir.) (443 F.3d 1069) (March 17, 2006) (Judge Sidney R. Thomas) by This case is another chilling example of the rampant nature of executive detention in America. Ahilan Nadarajah, is a 25 year-old citizen of Sri Lanka and a member of that country’s Tamil …

U.S. v. Gourde, No. 03-30262 (9th Cir.) (440 F.3d 1065) (March 9, 2006) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists

U.S. v. Gourde, No. 03-30262 (9th Cir.) (440 F.3d 1065) (March 9, 2006) (Judge M. Margaret McKeown) by Sitting en banc, the Ninth Circuit addressed a unique question - but one that is certain to come up frequently in the future: namely does a suspect’s membership to a website that …