Search | Punch and Jurists

U.S. v. Duhon, No. 05-30387 (5th Cir.) (440 F.3d 711) (February 17, 2006) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Below Guidelines Sentence

U.S. v. Duhon, No. 05-30387 (5th Cir.) (440 F.3d 711) (February 17, 2006) (Judge Fortunato P. Benavides) by Plaintiff United States appealed the United States District Court for the Western District of Louisiana's post-Booker, non-Guideline sentence after defendant pleaded guilty to one count of possessing child pornography in violation of …

Kenna v. U.S. District Court for the Central Dist. Of Calif., No. 05-73467 (9th Cir.) (435 F.3d 1011) (January 20, 2006) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Victim's Rights

Kenna v. U.S. District Court for the Central Dist. Of Calif., No. 05-73467 (9th Cir.) (435 F.3d 1011) (January 20, 2006) (Judge Alex Kozinski) by In U.S. v. Degenhardt, No. 2:03-CR-00297 PGC (D.Ut. Dec. 21, 2005) (P&J, 12/12/05), Judge Cassell expounded at length on the scope of the Crime Victims …

U.S. v. Awadallah, No. 05-2566-cr (2nd Cir.) (436 F.3d 125) (January 26, 2006) (Judge Barrington D. Jr. Parker)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Awadallah, No. 05-2566-cr (2nd Cir.) (436 F.3d 125) (January 26, 2006) (Judge Barrington D. Jr. Parker) by In this case, the Second Circuit rejected a bid by federal prosecutors to have Judge Shira Scheindlin of the S.D.N.Y. removed from the case of a San Diego college student who …

U.S. v. Browning, No. 05-1991 (7th Cir.) (436 F.3d 780) (February 6, 2006) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Browning, No. 05-1991 (7th Cir.) (436 F.3d 780) (February 6, 2006) (Judge Richard A. Posner) by This sentencing appeal addresses the interesting question of whether the district court may enhance a defendant’s sentence based on a prior conviction if that conviction was under a different name. Fingerprint evidence …

Goldyn v. Hayes, No. 04-17338 (9th Cir.) (436 F.3d 1140) (February 1, 2006) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Essential Elements of Crime

Goldyn v. Hayes, No. 04-17338 (9th Cir.) (436 F.3d 1140) (February 1, 2006) (Judge Alex Kozinski) by More than a dozen years ago, Joni Goldyn was convicted by a jury in a Nevada state court of five counts of drawing and passing checks with insufficient funds on deposit, in violation …

U.S. v. Smith, No. 04-2448 (1st Cir.) (436 F.3d 307) (February 8, 2006) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Smith, No. 04-2448 (1st Cir.) (436 F.3d 307) (February 8, 2006) (Judge Bruce M. Selya) by This is another case in which a court upheld a sweeping special condition of supervised release which, on its face, appeared to have little direct connection to his crime of conviction. Gregory …

U.S. v. Nichols, No. 04-5020 (4th Cir.) (438 F.3d 437) (February 28, 2006) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Nichols, No. 04-5020 (4th Cir.) (438 F.3d 437) (February 28, 2006) (Judge William W. Jr. Wilkins) by This is another one of those decisions which confirms the adage that “sentencing is different.” The defendant, James Nichols, was originally indicted on three counts: bank robbery, in violation of 18 …

U.S. v. Whorley, No. 205CR114HEH (E.D.Va.) (400 F.Supp.2d 880) (December 7, 2005) (Judge Henry E. Hudson)

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

Filed under: Punch And Jurists, Lascivious Exhibition

U.S. v. Whorley, No. 205CR114HEH (E.D.Va.) (400 F.Supp.2d 880) (December 7, 2005) (Judge Henry E. Hudson) by Here the Court authorized the defendant to present facts and expert testimony in an attempt to prove that obscene materials found on his computer were comparable with sexual themes involving children in literature. …

U.S. v. Serna, No. 04-10597 (9th Cir.) (435 F.3d 1046) (January 23, 2006) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Assault Weapons

U.S. v. Serna, No. 04-10597 (9th Cir.) (435 F.3d 1046) (January 23, 2006) (Judge Alex Kozinski) by Here the Court added another permutation to the nearly endless lore and the unfathomable logic about what constitutes a “crime or violence” by holding that the possession of an assault weapon by a …

U.S. v. Awadallah, No. 01 CR. 1026(SAS) (S.D.N.Y.) (401 F.Supp.2d 308) (May 31, 2005) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Grand Jury

U.S. v. Awadallah, No. 01 CR. 1026(SAS) (S.D.N.Y.) (401 F.Supp.2d 308) (May 31, 2005) (Judge Shira A. Scheindlin) by Defendant was a material witness in the investigation of the terrorist attacks of September 11, 2001. Defendant was charged with two counts of perjury that arose from his grand jury testimony. …

U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes) by Here, a divided en banc court held that Blakely and Booker are inapplicable to both restitution and to forfeiture issues, stating in part: "Because, in our view, restitution under the VWPA and …

U.S. v. Cooper, No. 05-1447 (3rd Cir.) (437 F.3d 324) (February 14, 2006) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Cooper, No. 05-1447 (3rd Cir.) (437 F.3d 324) (February 14, 2006) (Judge Anthony J. Scirica) by Defendant challenged a decision from the United States District Court for the Middle District of Pennsylvania, which entered a sentence in a drug case. Defendant was sentenced at the highest end of …

Oregon v. Guzek, No. 04-928 (U.S. Supreme Court) (546 U.S. 517; 126 S.Ct. 1226) (February 22, 2006) (Justice Breyer)

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

Filed under: Punch And Jurists

Oregon v. Guzek, No. 04-928 (U.S. Supreme Court) (546 U.S. 517; 126 S.Ct. 1226) (February 22, 2006) (Justice Breyer) by The defendant in the case, Randy Lee Guzek, was convicted of murder and sentenced to death. At his sentencing (the third sentencing proceeding after he had won earlier appeals), Guzek …

U.S. v. Napier, No. 04-10249 (9th Cir.) (436 F.3d 1133) (February 7, 2006) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Sealing

U.S. v. Napier, No. 04-10249 (9th Cir.) (436 F.3d 1133) (February 7, 2006) (Judge Stephen S. Trott) by This decision addresses the balance between a defendant’s right to test the validity of a search warrant against the government’s need to keep certain information confidential. Under Franks v. Delaware, a defendant …

U.S. v. Saccoccia, No. 04-2669 (1st Cir.) (433 F.3d 19) (December 23, 2005) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Saccoccia, No. 04-2669 (1st Cir.) (433 F.3d 19) (December 23, 2005) (Judge Sandra L. Lynch) by Appellant attorneys sought review of an order of the United States District Court for the District of Rhode Island, which required them to disgorge and pay to appellee government the post-verdict legal …

Holly v. Scott, No. 05-6287 (4th Cir.) (434 F.3d 287) (January 12, 2006) (Judge J. Harvie III Wilkinson)

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

Filed under: Private Prisons, Punch And Jurists

Holly v. Scott, No. 05-6287 (4th Cir.) (434 F.3d 287) (January 12, 2006) (Judge J. Harvie III Wilkinson) by Ricky Lee Holly, a Federal inmate serving his sentence at a private prison under contract with the Bureau of Prisons, sued the prison medical staff, under Bivens v. Six Unknown Named …

U.S. v. Lynch, No. 02-30216 (9th Cir.) (437 F.3d 902) (February 10, 2006) (Per Curiam)

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

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

U.S. v. Lynch, No. 02-30216 (9th Cir.) (437 F.3d 902) (February 10, 2006) (Per Curiam) by U.S. v. Lynch, 437 F.3d 902 (9th Cir. Feb. 10, 2006) (En Banc) (Per Curiam) U.S. v. Williams, 438 F.3d 1272 (11th Cir. Feb. 8, 2006) (Per Curiam) In these two cases, the Ninth …

U.S. v. Coles, No. 04-2134 (3rd Cir.) (437 F.3d 361) (February 9, 2006) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Coles, No. 04-2134 (3rd Cir.) (437 F.3d 361) (February 9, 2006) (Judge Leonard I. Garth) by Perhaps the most surprising aspect of this decision is its acknowledgment of the unsettled state of the law on the relatively straightforward issue of whether an appellate court may delve into the …

Duvall v. Attorney General of the U.S., No. 04-4412 (3rd Cir.) (436 F.3d 382) (February 7, 2006) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Removal Proceedings

Duvall v. Attorney General of the U.S., No. 04-4412 (3rd Cir.) (436 F.3d 382) (February 7, 2006) (Judge Raymond C. Fisher) by Holding that, after the INS had lost an earlier attempt to deport the petitioner because it failed, through a trial error, to prove her alienage, it was not …

Libretti v. U.S., No. 94-7427 (U.S. Supreme Court) (516 U.S. 29; 116 S.Ct. 356) (November 7, 1995) (Justice O'Connor)

Article • December 19, 2005

Filed under: Punch And Jurists, Punishment

Libretti v. U.S., No. 94-7427 (U.S. Supreme Court) (516 U.S. 29; 116 S.Ct. 356) (November 7, 1995) (Justice O'Connor) by The defendant in this case was charged with numerous counts including a criminal forfeiture count pursuant to 21 U.S.C. § 853. He entered a plea agreement and plead guilty to …