Search | Punch and Jurists

U.S. v. Cunningham, No. 05-1774 (7th Cir.) (429 F.3d 673) (November 14, 2005) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Cunningham, No. 05-1774 (7th Cir.) (429 F.3d 673) (November 14, 2005) (Judge Richard A. Posner) by In this extremely opaque decision, the Court reversed a 57-month sentence that was at the bottom of the applicable guideline range because the record below "left in serious doubt whether the [sentencing] …

U.S. v. Castro-Juarez, No. 05-1195 (7th Cir.) (425 F.3d 430) (October 3, 2005) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Castro-Juarez, No. 05-1195 (7th Cir.) (425 F.3d 430) (October 3, 2005) (Judge Daniel A. Manion) by Defendant pleaded guilty to being in the United States unlawfully after his removal following a felony conviction, 8 U.S.C.S. § 1326(a), (b)(1). The United States District Court for the Southern District of …

Abu Ali v. Gonzales, No. CIV.A.04-1258 JDB (D.D.C.) (387 F.Supp.2d 16) (September 19, 2005) (Judge John D. Bates)

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

Filed under: Mootness, Punch And Jurists

Abu Ali v. Gonzales, No. CIV.A.04-1258 JDB (D.D.C.) (387 F.Supp.2d 16) (September 19, 2005) (Judge John D. Bates) by Petitioners filed an action against respondent, the United States Attorney General and others, to obtain release of petitioner detainee from incarceration in the Kingdom of Saudi Arabia, which they claimed was …

U.S. v. Stephens, No. 03-2964 (7th Cir.) (421 F.3d 503) (August 29, 2005) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Batson Claims

U.S. v. Stephens, No. 03-2964 (7th Cir.) (421 F.3d 503) (August 29, 2005) (Judge Ilana Diamond Rovner) by U.S. v. Stephens, 421 F.3d 503 (7th Cir. 2005) (Judge Rovner) U.S. v. Blaylock, 421 F.3d 758 (8th Cir. 2005) (Judge Riley) Both of these decisions show that the courts are still …

U.S. v. Mueffelman, No. Crim. No. 01-10387-NG (D.Mass.) (400 F.Supp.2d 368) (November 14, 2005) (Judge Nancy Gertner)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Mueffelman, No. Crim. No. 01-10387-NG (D.Mass.) (400 F.Supp.2d 368) (November 14, 2005) (Judge Nancy Gertner) by [*NOTE: The prior related decision in this case was originally incorrectly reported sub nom. U.S. v. MuffLEman, 327 F.Supp.2d 79 (D.Mass. Jul6 26, 2004) - not MuffELman (which is the correct spelling). …

U.S. v. Trammell, No. CRIM.A. 3:94CR25T (M.D.Ala.) (385 F.Supp.2d 1215) (August 26, 2005) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Reasonably Foreseeable Standard

U.S. v. Trammell, No. CRIM.A. 3:94CR25T (M.D.Ala.) (385 F.Supp.2d 1215) (August 26, 2005) (Judge Myron H. Thompson) by This case is noted for Judge Thompson’s cogent analysis of the Guideline provisions (principally U.S.S.G. §§ 2D1.1 and 1B1.3) relating to the determination of the amount of drugs attributable to a defendant …

U.S. v. Gipson, No. 05-1407 (7th Cir.) (425 F.3d 335) (August 10, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Gipson, No. 05-1407 (7th Cir.) (425 F.3d 335) (August 10, 2005) (Per Curiam) by District court did not act unreasonably, in sentencing defendant convicted of possession of crack cocaine, by choosing not to depart downward from the Guideline range based on the differential in punishment for crack cocaine …

U.S. v. Heredia, No. 03-10585 (9th Cir.) (426 F.3d 1226) (October 24, 2005) (Judge Jay S. Bybee)

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

Filed under: Punch And Jurists, Knowledge of Illegality

U.S. v. Heredia, No. 03-10585 (9th Cir.) (426 F.3d 1226) (October 24, 2005) (Judge Jay S. Bybee) by U.S. v. Truong, 425 F.3d 1282 (10th Cir. Oct. 17, 2005) (Judge McConnell) U.S. v. Heredia, 426 F.3d 1226 (9th Cir. Oct. 24, 2005) (Judge Bybee) In these two drug cases, the …

U.S. v. Floyd, No. 05-1641 (3rd Cir.) (428 F.3d 513) (November 9, 2005) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Floyd, No. 05-1641 (3rd Cir.) (428 F.3d 513) (November 9, 2005) (Judge Dolores K. Sloviter) by This is a rare decision in which a Circuit Court vacated a sentence on the grounds that the Government had acted in bad faith by refusing to recommend a downward departure based …

U.S. v. Ramirez, No. 405CR3034 (D.Neb.) (383 F.Supp.2d 1179) (August 19, 2005) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Ramirez, No. 405CR3034 (D.Neb.) (383 F.Supp.2d 1179) (August 19, 2005) (Judge Richard G. Kopf) by The defendant in this case was charged with drug crimes after drugs were discovered in the car in which he was a passenger. He moved to introduce the testimony of a “well-credentialed sociologist” …

U.S. v. Owens, No. 04-2793 (7th Cir.) (424 F.3d 649) (September 21, 2005) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Owens, No. 04-2793 (7th Cir.) (424 F.3d 649) (September 21, 2005) (Judge Ann Claire Williams) by The defendant in this case appealed his conviction for bank robbery, arguing that the district court had abused its discretion by admitting evidence which suggested that he had robbed the same bank …

U.S. v. Scott, No. 04-4649 (4th Cir.) (424 F.3d 431) (September 20, 2005) (Judge M. Blane Michael)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Scott, No. 04-4649 (4th Cir.) (424 F.3d 431) (September 20, 2005) (Judge M. Blane Michael) by The defendant in this case. Benjamin Scott, was convicted of being a felon-in-possession of a gun in violation of 18 U.S.C. § 922(g)(1), based on a theory of constructive possession of the …

Islami v. Gonzales, No. 03-40095 (2nd Cir.) (412 F.3d 391) (June 23, 2005) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Immigration Judges

Islami v. Gonzales, No. 03-40095 (2nd Cir.) (412 F.3d 391) (June 23, 2005) (Judge Guido Calabresi) by Islam v. Gonzales, No. 05-1390-ag (2nd Cir. Nov. 9, 2006) (Judge Parker) Kim v. Gonzales, No. 05-2462 (1st Cir. Nov. 16, 2006) (Judge Boudin) It sometimes seems as America’s immigration courts have become …

U.S. v. Young, No. 05-5846 (6th Cir.) (424 F.3d 499) (September 29, 2005) (Judge Ralph B Jr. Guy)

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

Filed under: Punch And Jurists, Bifurcation

U.S. v. Young, No. 05-5846 (6th Cir.) (424 F.3d 499) (September 29, 2005) (Judge Ralph B Jr. Guy) by Here the Sixth Circuit held that the district court (Judge John Nixon in U.S. v. Young, 376 F.Supp.2d 787 (M.D.Tenn. 2005) (P&J, 08/22/05)) had erred in entering a pretrial order in …

U.S. v. Saenz, No. 04-2673 (8th Cir.) (428 F.3d 1159) (November 17, 2005) (Judge Steven M. Colloton)

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

Filed under: Punch And Jurists, Reasonableness of Departure/Sentence

U.S. v. Saenz, No. 04-2673 (8th Cir.) (428 F.3d 1159) (November 17, 2005) (Judge Steven M. Colloton) by Here the Court reversed a sentence imposed below the applicable guideline range because the "extent of reduction granted" as a result of the defendant's substantial assistance "was unreasonably large". In this case, …

U.S. v. Mercado-Reyes, No. A03-0171 CR (JKS) (D.Alaska) (386 F.Supp.2d 1116) (July 13, 2005) (Judge James K. Jr. Singleton)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Mercado-Reyes, No. A03-0171 CR (JKS) (D.Alaska) (386 F.Supp.2d 1116) (July 13, 2005) (Judge James K. Jr. Singleton) by This is an intriguing decision that is filled with critical innuendo about the dichotomy between the lofty philosophical goals of the Guidelines and some of the practical realities of sentencing …

U.S. v. Cordoba-Murgas, No. 04-3131 (2nd Cir.) (422 F.3d 65) (September 7, 2005) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Apprendi Issues

U.S. v. Cordoba-Murgas, No. 04-3131 (2nd Cir.) (422 F.3d 65) (September 7, 2005) (Judge Jose A. Cabranes) by The defendant’s appeal in this drug case had already been argued when the Supreme Court issued Apprendi v. New Jersey, 530 U.S. 466 (2000), which stated that other "than the fact of …

Qassim v. Bush, No. Civ.A. No. 05-0497JR (D.D.C.) (382 F.Supp.2d 126) (August 19, 2005) (Judge James Robertson)

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

Filed under: Punch And Jurists

Qassim v. Bush, No. Civ.A. No. 05-0497JR (D.D.C.) (382 F.Supp.2d 126) (August 19, 2005) (Judge James Robertson) by

Sash v. Zenk, No. 04-6206-pr (2nd Cir.) (428 F.3d 132) (October 26, 2005) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Calculation of 54 Days

Sash v. Zenk, No. 04-6206-pr (2nd Cir.) (428 F.3d 132) (October 26, 2005) (Judge Sonia Sotomayor) by In this case, the Second Circuit upheld as "reasonable" the BOP's stingy interpretation of the good-conduct time statute (18 U.S.C. § 3624(b)). That statute states that a "prisoner who is serving a term …

U.S. v. Weekley, No. Crim. 05-0059-WS (S.D.Ala.) (389 F.Supp.2d 1293) (October 6, 2005) (Judge William H. Steele)

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

Filed under: Punch And Jurists, Misprision of Felony

U.S. v. Weekley, No. Crim. 05-0059-WS (S.D.Ala.) (389 F.Supp.2d 1293) (October 6, 2005) (Judge William H. Steele) by The defendant in this case, Jennifer Weekley, was indicted on a single count of misprision of a felony, in violation of 18 U.S.C. § 4. The indictment charged that she had knowledge …