Search | Punch and Jurists

U.S. v. Sosebee, No. 03-1923 (6th Cir.) (419 F.3d 451) (August 12, 2005) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists

U.S. v. Sosebee, No. 03-1923 (6th Cir.) (419 F.3d 451) (August 12, 2005) (Judge Martha Craig Daughtrey) by In this case the Sixth Circuit emphatically held that "restitution is not subject to Booker analysis because the statutes authorizing restitution, unlike ordinary penalty statutes, do not provide a determinate statutory maximum." …

U.S. v. Brun, No. 04-4208 (8th Cir.) (416 F.3d 703) (August 1, 2005) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, 911 Calls

U.S. v. Brun, No. 04-4208 (8th Cir.) (416 F.3d 703) (August 1, 2005) (Judge Gerald W. Heaney) by U.S. v. Arnold, 410 F.3d 895 (6th Cir. 06/21/05) (Judge Carman) U.S. v. Brun, 416 F.3d 703 (8th Cir. 08/01/05) (Judge Heaney) In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme …

U.S. v. Cole, No. 04-1702 (6th Cir.) (419 F.3d 592) (August 11, 2005) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Similar Acts or Crimes/Similarity in kind

U.S. v. Cole, No. 04-1702 (6th Cir.) (419 F.3d 592) (August 11, 2005) (Judge Eric L. Clay) by The specific issue before the Court in this case was whether a state conviction for being a minor in possession of alcohol is "countable" under § 4A1.2(c) of the Guidelines for purposes …

U.S. v. Saechao, No. 04-30156 (9th Cir.) (418 F.3d 1073) (August 12, 2005) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. Saechao, No. 04-30156 (9th Cir.) (418 F.3d 1073) (August 12, 2005) (Judge Stephen Reinhardt) by Here the Court held that a probationer who provides incriminating information to his probation officer, pursuant to a probation condition that requires him to answer all inquiries truthfully, is compelled to give incriminating …

U.S. v. Matthews, No. 03-15528 (11th Cir.) (411 F.3d 1210) (June 8, 2005) (Judge Gerald B. Tjoflat)

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

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

U.S. v. Matthews, No. 03-15528 (11th Cir.) (411 F.3d 1210) (June 8, 2005) (Judge Gerald B. Tjoflat) by Here the Court held that the admission of evidence of the defendant’s prior arrest for drug dealing was clearly erroneous, and because the Court could not say that the error did not …

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 766) (May 25, 2005) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Voir Dire

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 766) (May 25, 2005) (Judge William K. III Sessions) by In defendant's capital case, the parties were in the midst of voir dire. Each potential juror was required to fill out an extensive questionnaire, including standard voir dire questions and questions about …

U.S. v. Laughton, No. 03-1202 (6th Cir.) (409 F.3d 744) (May 17, 2005) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. Laughton, No. 03-1202 (6th Cir.) (409 F.3d 744) (May 17, 2005) (Judge Martha Craig Daughtrey) by In this case, the Sixth Circuit held that where a search warrant was so lacking in any indicia of probable cause that no police officer could have reasonably relied upon its issuance …

U.S. v. Giordano, No. 0580061CR (S.D.Fla.) (370 F.Supp.2d 1256) (May 11, 2005) (Judge Magistrate)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Giordano, No. 0580061CR (S.D.Fla.) (370 F.Supp.2d 1256) (May 11, 2005) (Judge Magistrate) by

U.S. v. Plavcak, No. 03-6256 (6th Cir.) (411 F.3d 655) (June 6, 2005) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Destruction of Property

U.S. v. Plavcak, No. 03-6256 (6th Cir.) (411 F.3d 655) (June 6, 2005) (Judge Gerald E. Rosen) by Defendant-appellee employee of a company that allegedly recruited illegal aliens to work in the United States was indicted for interfering with the government's investigation, and was charged with, inter alia, destruction or …

U.S. v. Rigas, No. 05-2619-op (L) (2nd Cir.) (409 F.3d 555) (June 3, 2005) (Judge Peter W. Hall)

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

Filed under: Punch And Jurists, Crime Victims' Rights Act (CVRA)

U.S. v. Rigas, No. 05-2619-op (L) (2nd Cir.) (409 F.3d 555) (June 3, 2005) (Judge Peter W. Hall) by U.S. v. Rigas (In re W.R. Huff Asset Management Co., LLC), 409 F.3d 555 (2nd Cir. 2005) (Judge Hall) U.S. v. Marcello, 370 F.Supp.2d 745 (N.D.Ill. 2005) (Judge Zagel) Background On …

U.S. v. Alexander, No. 04-CR-253 (E.D.Wisc.) (381 F.Supp.2d 884) (August 9, 2005) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Alexander, No. 04-CR-253 (E.D.Wisc.) (381 F.Supp.2d 884) (August 9, 2005) (Judge Lynn S. Adelman) by The defendant, Samuel Alexander,was first arrested and charged by state officials for drug and weapon possession; but those charges were later dropped in favor of a Federal prosecution because it carried higher penalties. …

U.S. v. Dupas, No. 04-50055 (9th Cir.) (417 F.3d 1064) (August 3, 2005) (Judge Susan P. Graber)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Dupas, No. 04-50055 (9th Cir.) (417 F.3d 1064) (August 3, 2005) (Judge Susan P. Graber) by

U.S. v. Weintraub, No. 3:98CR0171(JBA) (D.Conn.) (371 F.Supp.2d 164) (June 10, 2005) (Judge Janet Bond Arterton)

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

Filed under: Punch And Jurists

U.S. v. Weintraub, No. 3:98CR0171(JBA) (D.Conn.) (371 F.Supp.2d 164) (June 10, 2005) (Judge Janet Bond Arterton) by The defendant in this case was convicted after a jury trial of five counts of illegal removal and disposal of asbestos at a construction site; and he was sentenced to a year and …

U.S. v. Fontes, No. 04-2237 (1st Cir.) (415 F.3d 174) (July 20, 2005) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists

U.S. v. Fontes, No. 04-2237 (1st Cir.) (415 F.3d 174) (July 20, 2005) (Judge Kermit A. Lipez) by The defendant in this case, Peter Fontes, challenged his sentence for trafficking in crack cocaine on the grounds that the government had engaged in “extreme and outrageous” sentencing factor manipulation, and that …

Ferrara v. U.S., No. Civ. No, 00-11693-MLW (D.Mass.) (372 F.Supp.2d 108) (May 13, 2005) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists

Ferrara v. U.S., No. Civ. No, 00-11693-MLW (D.Mass.) (372 F.Supp.2d 108) (May 13, 2005) (Judge Mark L. Wolf) by In 1992, defendant pleaded guilty and was sentenced to 22 years' imprisonment for his role in a murder. After concluding that defendant had been denied due process when the U.S. violated …

Mujahid v. Daniels, No. 03-36038 (9th Cir.) (413 F.3d 991) (June 27, 2005) (Judge Robert R. Beezer)

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

Filed under: Punch And Jurists, Calculation of 54 Days

Mujahid v. Daniels, No. 03-36038 (9th Cir.) (413 F.3d 991) (June 27, 2005) (Judge Robert R. Beezer) by Petitioner, a federal prisoner who was on supervised release, sought review of a judgment from the United States District Court for the District of Oregon denying his 28 U.S.C.S. § 2241 petition …

U.S. v. Herrera, No. 04-50633 (5th Cir.) (412 F.3d 577) (June 10, 2005) (Judge Edward C. Prado)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Herrera, No. 04-50633 (5th Cir.) (412 F.3d 577) (June 10, 2005) (Judge Edward C. Prado) by U.S. v. Herrera, 412 F.3d 577 (5th Cir. 06/10/05) (Judge Prado) U.S. v. Davis, 410 F.3d 1122 (9th Cir. 06/09/05) (Judge Breyer) Both of these cases consider an important and frequently recurring …

U.S. v. Doviak, No. CIV.A. 3:04-VC-2286L (N.D.Tex.) (367 F.Supp.2d 1056) (April 19, 2005) (Judge Sam A. Lindsay)

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

Filed under: Punch And Jurists

U.S. v. Doviak, No. CIV.A. 3:04-VC-2286L (N.D.Tex.) (367 F.Supp.2d 1056) (April 19, 2005) (Judge Sam A. Lindsay) by Defendant requested that the court (1) hold an expedited hearing on the writs of garnishment; (2) quash plaintiff government's writs of garnishment; and (3) modify the fine payment schedule ordered pursuant to …

U.S. v. Lawson, No. 04-3067 (D.C. Cir.) (410 F.3d 735) (June 10, 2005) (Judge John G. Roberts)

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

Filed under: Punch And Jurists, Identification Evidence and Testimony

U.S. v. Lawson, No. 04-3067 (D.C. Cir.) (410 F.3d 735) (June 10, 2005) (Judge John G. Roberts) by The defendant in this case was convicted at trial of aggravated bank robbery and brandishing a firearm during a crime of violence; and he appealed from several rulings of the district court …

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 753) (April 7, 2005) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 753) (April 7, 2005) (Judge William K. III Sessions) by