Search | Punch and Jurists

Woodall v. Federal Bureau of Prisons, No. 05-3657 (3rd Cir.) (432 F.3d 235) (December 15, 2005) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, 10% Limitation

Woodall v. Federal Bureau of Prisons, No. 05-3657 (3rd Cir.) (432 F.3d 235) (December 15, 2005) (Judge Edward R. Becker) by In a compelling and important decision by Judge Becker, the Third Circuit held that the recently adopted Bureau of Prison (BOP) regulations limiting a prisoner's placement in community confinement …

U.S. v. Morris, No. 04-7889 (4th Cir.) (429 F.3d 65) (November 7, 2005) (Judge Dennis W. Shedd)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Morris, No. 04-7889 (4th Cir.) (429 F.3d 65) (November 7, 2005) (Judge Dennis W. Shedd) by Defendant sought review of a decision of the United States District Court for the District of South Carolina, at Spartanburg, which denied defendant's request for relief from her conviction and sentence pursuant …

U.S. v. Martinez-Flores, No. 04-2861 (1st Cir.) (428 F.3d 22) (October 28, 2005) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Fast Track Programs

U.S. v. Martinez-Flores, No. 04-2861 (1st Cir.) (428 F.3d 22) (October 28, 2005) (Judge Sandra L. Lynch) by Here the Court held that provisions of the Feeney Amendment allowing for fast-track sentencing did not create a constitutionally improper impled delegation of congressional power to the Attorney General.

U.S. v. Reiner, No. CRIM.04-127-P-H-01 (D.Me.) (393 F.Supp.2d 52) (October 12, 2005) (Judge D. Brock Hornby)

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

Filed under: Punch And Jurists

U.S. v. Reiner, No. CRIM.04-127-P-H-01 (D.Me.) (393 F.Supp.2d 52) (October 12, 2005) (Judge D. Brock Hornby) by The Court held that the Supreme Court’s 1995 ruling in Libretti v. U.S., to the effect that a defendant does not have a constitutional right to a jury verdict on criminal forfeiture issues, …

U.S. v. Hawkins, No. 1:05 MC 00042 (W.D.Va.) (392 F.Supp.2d 757) (October 19, 2005) (Judge James P. Jones)

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

Filed under: Punch And Jurists, Victim's Rights to Enforce Collection

U.S. v. Hawkins, No. 1:05 MC 00042 (W.D.Va.) (392 F.Supp.2d 757) (October 19, 2005) (Judge James P. Jones) by In 1997, Anna Hawkins was convicted of interstate transportation of stolen money; and she was sentenced to five years probation and ordered to pay $328,919.31 to nine separate victims of her …

U.S. v. Bliss, No. 04-1163-cr (2nd Cir.) (430 F.3d 640) (November 23, 2005) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists

U.S. v. Bliss, No. 04-1163-cr (2nd Cir.) (430 F.3d 640) (November 23, 2005) (Judge Thomas J. Meskill) by The Second Circuit held in this case that a defendant's flight from arrest, even when it results in a year-long delay in his apprehension by law enforcement, is not in itself sufficient …

Fowlkes v. Adamec, No. 03-6095 (2nd Cir.) (432 F.3d 90) (December 6, 2005) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Anti-Alienation Statutes

Fowlkes v. Adamec, No. 03-6095 (2nd Cir.) (432 F.3d 90) (December 6, 2005) (Judge Chester J. Straub) by Here the Court held that social security benefits may be suspended only as of the date of a warrant or order issued by a court or other authorized tribunal on the basis …

U.S. v. Arnaout, No. 03-3297 (7th Cir.) (431 F.3d 994) (December 2, 2005) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists

U.S. v. Arnaout, No. 03-3297 (7th Cir.) (431 F.3d 994) (December 2, 2005) (Judge Ann Claire Williams) by Joining a number of other Circuits, the Seventh Circuit held that a defendant need not be convicted of a federal crime of terrorism as defined by § 2332b(g)(5)(B) for the district court …

U.S. v. Duran, No. 04 cr. 1086 (VM) (S.D.N.Y.) (399 F.Supp.2d 543) (November 21, 2005) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Fast Track Programs

U.S. v. Duran, No. 04 cr. 1086 (VM) (S.D.N.Y.) (399 F.Supp.2d 543) (November 21, 2005) (Judge Victor Marrero) by In this case, Judge Marrero presented an informative guide to, and a timely analysis of, a question of growing importance in the post-Booker world: Does the fact that some jurisdictions use …

U.S. v. Naranjo, No. 03-4759 (3rd Cir.) (426 F.3d 221) (September 26, 2005) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Naranjo, No. 03-4759 (3rd Cir.) (426 F.3d 221) (September 26, 2005) (Judge Theodore A. McKee) by Defendant challenged a decision from the United States District Court for the Eastern District of Pennsylvania, which denied his motion to suppress evidence, convicted him of a drug offense, and entered a …

U.S. v. Arroyo, No. Crim. No. 303CR179SRU (D.Conn.) (392 F.Supp.2d 292) (September 1, 2005) (Judge Stefan R. Underhill)

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

Filed under: Punch And Jurists, Inherent Power of the Court

U.S. v. Arroyo, No. Crim. No. 303CR179SRU (D.Conn.) (392 F.Supp.2d 292) (September 1, 2005) (Judge Stefan R. Underhill) by Defendant was convicted of unlawful possession of a firearm. Defendant filed, pro se, a notice of appeal and a motion for extension of time to file a notice of appeal, attaching …

U.S. v. Vaughn, No. 04-5136-cr(L) (2nd Cir.) (430 F.3d 518) (December 1, 2005) (Judge Sonia Sotomayor)

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

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

U.S. v. Vaughn, No. 04-5136-cr(L) (2nd Cir.) (430 F.3d 518) (December 1, 2005) (Judge Sonia Sotomayor) by Here the Second Circuit broadly held that "after Booker, a district court may sentence a defendant taking into account acquitted conduct". U.S. v. Welch, 429 F.3d 702 (7th Cir. Nov. 21, 2005) (Judge …

Nicholas v. Goord, No. 04-3887-pr (2nd Cir.) (430 F.3d 652) (November 28, 2005) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Special Needs Exception

Nicholas v. Goord, No. 04-3887-pr (2nd Cir.) (430 F.3d 652) (November 28, 2005) (Judge John M. Jr. Walker) by In this lengthy decision, the Second Circuit affirmed a ruling by Judge Duffy of the S.D.N.Y. that a New York statute that authorizes the collection of DNA samples from certain classes …

U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (427 F.3d 567) (October 27, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (427 F.3d 567) (October 27, 2005) (Per Curiam) by The defendant in this case, Jose Ortiz-Hernandez (“Jose”), was arrested in 2002 by police officers in Portland, OR on suspicion of drug dealing. Those charges were subsequently dropped, however, when fingerprints that were taken …

U.S. v. Welch, No. 03-3638 (7th Cir.) (429 F.3d 702) (November 21, 2005) (Judge Joel L. Flaum)

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

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

U.S. v. Welch, No. 03-3638 (7th Cir.) (429 F.3d 702) (November 21, 2005) (Judge Joel L. Flaum) by U.S. v. Welch, 429 F.3d 702 (7th Cir. Nov. 21, 2005) (Judge Flaum) U.S. v. Vaughn, 430 F.3d 518 (2nd Cir. Dec. 1, 2005) (Judge Sotomayor) In Apprendi v. New Jersey, 530 …

U.S. v. Mooney, No. 02-3388 (8th Cir.) (425 F.3d 1093) (October 10, 2005) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Gain Resulting from the Offense

U.S. v. Mooney, No. 02-3388 (8th Cir.) (425 F.3d 1093) (October 10, 2005) (Judge Diana E. Murphy) by Michael Alan Mooney was the vice president of underwriting for United Healthcare Corp., a large health care management service company. In the spring of 1995, United entered into negotiations with MetraHealth, another …

U.S. v. Williams, No. 05-11318 (11th Cir.) (431 F.3d 767) (November 30, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Appellate Jurisdiction/Review

U.S. v. Williams, No. 05-11318 (11th Cir.) (431 F.3d 767) (November 30, 2005) (Per Curiam) by

MacWade v. Kelly, No. 05 Civ. 6921 (RMB) (FM) (S.D.N.Y.) (2005 U.S. Dist. LEXIS 31281) (December 2, 2005) (Judge Richard M. Berman)

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

Filed under: Punch And Jurists, Special Needs Exception

MacWade v. Kelly, No. 05 Civ. 6921 (RMB) (FM) (S.D.N.Y.) (2005 U.S. Dist. LEXIS 31281) (December 2, 2005) (Judge Richard M. Berman) by Citing the “real and substantial” risk of a terrorist bombing of New York City’s subway system, Judge Berman rejected a constitutional challenge to New York’s policy of …

Overton v. Bazzetta, No. 02-94 (U.S. Supreme Court) (539 U.S. 126; 123 S.Ct. 2162) (June 16, 2003) (Justice Kennedy)

Article • October 31, 2005 • from P&J May, 2003

Filed under: Punch And Jurists

Overton v. Bazzetta, No. 02-94 (U.S. Supreme Court) (539 U.S. 126; 123 S.Ct. 2162) (June 16, 2003) (Justice Kennedy) by In Bazzetta v. McGuinnis, 148 F.Supp.2d 813 (E.D.Mich. 2001) (Bazzetta I), Judge Nancy Edmunds addressed a series of new regulations adopted by the Michigan prison system (MDOC) governing the eligibility …

Schriro v. Smith, No. 04-1475 (U.S. Supreme Court) (546 U.S. 6; 126 S.Ct. 7) (October 17, 2005) (Per Curiam)

Article • October 26, 2005 • from P&J November, 2003

Filed under: Punch And Jurists

Schriro v. Smith, No. 04-1475 (U.S. Supreme Court) (546 U.S. 6; 126 S.Ct. 7) (October 17, 2005) (Per Curiam) by Ultimately this is a decision about the limited authority of the federal courts to conduct habeas review of state court rulings - although it delves into the complex area of …