Search | Punch and Jurists

U.S. v. Kirby, No. 04-6226 (6th Cir.) (418 F.3d 621) (August 15, 2005) (Judge Julia Smith Gibbons)

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

Filed under: Punch And Jurists, Plainly Unreasonable Standard

U.S. v. Kirby, No. 04-6226 (6th Cir.) (418 F.3d 621) (August 15, 2005) (Judge Julia Smith Gibbons) by U.S. v. Kirby, 418 F.3d 621 (6th Cir. 08/15/05) (Judge Gibbons) U.S. v. Hall, 419 F.3d 980 (9th Cir. 08/15/05) (Judge Wardlaw) In these two cases, the Sixth and Ninth Circuits held …

Belmontes v. Brown, No. 01-99018 (9th Cir.) (414 F.3d 1094) (July 15, 2005) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Strickland Standard

Belmontes v. Brown, No. 01-99018 (9th Cir.) (414 F.3d 1094) (July 15, 2005) (Judge Stephen Reinhardt) by On remand from the Supreme Court at 125 S.Ct. 1697; see prior decision reported at Belmontes v. Woodford, 350 F.3d 861 (9th Cir. 2003). The court had previously held that there was a …

In Re Electronic Submission of Selected Documents, No. None (10th Cir.) (411 F.3d 1159) (October 20, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Electronic Filings

In Re Electronic Submission of Selected Documents, No. None (10th Cir.) (411 F.3d 1159) (October 20, 2004) (Per Curiam) by This Emergency General Order from the Tenth Circuit (and signed by twelve judges) is noted as further evidence of how the Internet has changed the practice of law in the …

U.S. v. Person, No. 03-CR-30029 (D.Mass.) (377 F.Supp.2d 308) (April 27, 2005) (Judge Michael A. Ponsor)

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

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

U.S. v. Person, No. 03-CR-30029 (D.Mass.) (377 F.Supp.2d 308) (April 27, 2005) (Judge Michael A. Ponsor) by The government argued that, while the absence of a conviction involving the crack form of cocaine base might have been significant under the Sentencing Guidelines, that deficiency should not have affected application of …

U.S. v. Mornan, No. 04-1319 (3rd Cir.) (413 F.3d 372) (June 30, 2005) (Judge Franklin S. Van Antwerpen)

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

Filed under: Punch And Jurists, Inconsistency

U.S. v. Mornan, No. 04-1319 (3rd Cir.) (413 F.3d 372) (June 30, 2005) (Judge Franklin S. Van Antwerpen) by The defendant was charged in an 18-count indictment with mail fraud, wire fraud, and conspiracy arising from an alleged telemarketing scheme. A jury found him guilty on 15 counts, and he …

U.S. v. Mornan, No. 04-1319 (3rd Cir.) (413 F.3d 372) (June 30, 2005) (Judge Franklin S. Van Antwerpen)

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

Filed under: Punch And Jurists, Recorded Recollection

U.S. v. Mornan, No. 04-1319 (3rd Cir.) (413 F.3d 372) (June 30, 2005) (Judge Franklin S. Van Antwerpen) by The defendant was charged in an 18-count indictment with mail fraud, wire fraud, and conspiracy arising from an alleged telemarketing scheme. A jury found him guilty on 15 counts, and he …

U.S. v. Garner, No. 4:01 CR 321 (N.D.Ohio) (2005 U.S. Dist. LEXIS 18840) (August 31, 2005) (Judge David D. Jr. Dowd)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Garner, No. 4:01 CR 321 (N.D.Ohio) (2005 U.S. Dist. LEXIS 18840) (August 31, 2005) (Judge David D. Jr. Dowd) by In this case, Judge Dowd examined whether "the [sentence-enhancing] 'fact' (quantity of cocaine attributable to the defendant) must be submitted to the jury and proved beyond a reasonable …

U.S. v. Gianakos, No. 03-2989 (8th Cir.) (415 F.3d 912) (July 26, 2005) (Judge Lavenski R. Smith)

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

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. Gianakos, No. 03-2989 (8th Cir.) (415 F.3d 912) (July 26, 2005) (Judge Lavenski R. Smith) by

U.S. v. Norman, No. 04-20177 (5th Cir.) (415 F.3d 466) (July 1, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Learned Treatises

U.S. v. Norman, No. 04-20177 (5th Cir.) (415 F.3d 466) (July 1, 2005) (Per Curiam) by

U.S. v. Padilla, No. 03-1918 (1st Cir.) (415 F.3d 211) (July 25, 2005) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Padilla, No. 03-1918 (1st Cir.) (415 F.3d 211) (July 25, 2005) (Judge Bruce M. Selya) by Defendant was convicted by a jury in the United States District Court for the District of Massachusetts of being a felon in possession of a firearm, in violation of 18 U.S.C. § …

U.S. v. Burt, No. 04-10240 (9th Cir.) (410 F.3d 1100) (June 8, 2005) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists

U.S. v. Burt, No. 04-10240 (9th Cir.) (410 F.3d 1100) (June 8, 2005) (Judge Myron H. Bright) by Defendant appealed from a judgment of the United States District Court for the District of Arizona, convicting her of conspiracy to transport illegal aliens and transportation of illegal aliens. On appeal, defendant …

U.S. v. Coney, No. 4:05CR2001-2 (D.Neb.) (390 F.Supp.2d 844) (September 8, 2005) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists

U.S. v. Coney, No. 4:05CR2001-2 (D.Neb.) (390 F.Supp.2d 844) (September 8, 2005) (Judge Richard G. Kopf) by Judge Kopf started this opinion, which deals with Type C plea agreements pursuant to Fed.R.Crim.P. 11(c)(1)(C), with this memorable statement: “Prosecutors and defense lawyers sometimes enter into binding plea agreements that require a …

U.S. v. Wingerter, No. 1:04CR421 (E.D.Va.) (369 F.Supp.2d 799) (May 17, 2005) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

U.S. v. Wingerter, No. 1:04CR421 (E.D.Va.) (369 F.Supp.2d 799) (May 17, 2005) (Judge Thomas Selby III Ellis) by U.S. v. Razmilovic, 419 F.3d 134 (2nd Cir. 08/17/05) (Judge Winter) U.S. v. Wingerter, 369 F.Supp.2d 799 (E.D.Va. 2005) (Judge Ellis) Both of these cases address the extraordinary remedy of a pretrial …

Yi v. Federal Bureau of Prisons, No. 04-6891 (4th Cir.) (412 F.3d 526) (June 17, 2005) (Judge Allyson Kay Duncan)

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

Filed under: Punch And Jurists, Calculation of 54 Days

Yi v. Federal Bureau of Prisons, No. 04-6891 (4th Cir.) (412 F.3d 526) (June 17, 2005) (Judge Allyson Kay Duncan) by Denial of plaintiff's petition for a writ of habeas corpus is affirmed over his claim that he has earned more credit for "Good Conduct Time" than the Bureau of …

U.S. v. Bordon, No. 04-10654 (11th Cir.) (421 F.3d 1202) (August 25, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Bordon, No. 04-10654 (11th Cir.) (421 F.3d 1202) (August 25, 2005) (Per Curiam) by This decision is noted for Judge Hill's concurring opinion in which he railed against the Eleventh Circuit's exceptionally rigid policy of denying most Booker appeals. On that issue, he stated in part: "In supplemental …

U.S. v. Heath, No. 05-10175 (11th Cir.) (419 F.3d 1312) (August 12, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Aftercare Treatment Programs

U.S. v. Heath, No. 05-10175 (11th Cir.) (419 F.3d 1312) (August 12, 2005) (Per Curiam) by Here the Court held that a sentencing court may not delegate to a probation officer the power to determine whether a defendant on supervised release must participate in a mental health treatment program, as …

U.S. v. Thompson, No. 04-12218 (11th Cir.) (422 F.3d 1285) (September 1, 2005) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Thompson, No. 04-12218 (11th Cir.) (422 F.3d 1285) (September 1, 2005) (Judge Arthur L. Alarcon) by This case is noted for Judge Tjoflat’s caustic concurring opinion in which he castigated as “bad law” and “wrong when it was decided,” the Eleventh Circuit’s decision in U.S. v. Rodriguez, 398 …

Hall v. Tressic, No. 5:04-CV-925 (N.D.N.Y.) (381 F.Supp.2d 101) (August 15, 2005) (Judge David N. Hurd)

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

Filed under: Punch And Jurists, Civil RICO

Hall v. Tressic, No. 5:04-CV-925 (N.D.N.Y.) (381 F.Supp.2d 101) (August 15, 2005) (Judge David N. Hurd) by In this decision, Judge Hurd dismissed with prejudice the plaintiff’s efforts to boot-strap his allegations of sexual abuse by a priest into a broad civil RICO action against the Catholic Church. The Court …

O.K. v. Bush, No. CIV.A.04-CV-01136(JBD) (D.D.C.) (377 F.3d 102) (July 12, 2005) (Judge John D. Bates)

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

Filed under: Punch And Jurists

O.K. v. Bush, No. CIV.A.04-CV-01136(JBD) (D.D.C.) (377 F.3d 102) (July 12, 2005) (Judge John D. Bates) by In petitioner detainee's habeas corpus action challenging his continued detention at the United States Naval Base in Guantanamo Bay, Cuba, the detainee moved for a preliminary injunction barring respondent government from subjecting him …

Paulsen v. Daniels, No. 03-35337 (9th Cir.) (413 F.3d 999) (June 27, 2005) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Early Release

Paulsen v. Daniels, No. 03-35337 (9th Cir.) (413 F.3d 999) (June 27, 2005) (Judge Sidney R. Thomas) by In this case the Ninth Circuit consolidated 16 appeals that had challenged the authority of the Bureau of Prisons (BOB) to promulgate its 1997 intermin regulations limiting elegibility to the BOP's residential …