Search | Punch and Jurists

Hamdan v. Rumsfeld, No. 04-5393 (D.C. Cir.) (415 F.3d 33) (July 15, 2005) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists

Hamdan v. Rumsfeld, No. 04-5393 (D.C. Cir.) (415 F.3d 33) (July 15, 2005) (Judge A. Raymond Randolph) by In November, 2004, Judge Robertson (D.D.C.) ordered an immediate halt to one of the military trials of the detainees at Guantanamo Bay "until a competent tribunal determines that the petitioner is not …

U.S. v. Munoz, No. 04-40481 (5th Cir.) (408 F.3d 222) (April 29, 2005) (Judge Edward C. Prado)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Munoz, No. 04-40481 (5th Cir.) (408 F.3d 222) (April 29, 2005) (Judge Edward C. Prado) by Defendant pleaded guilty to conspiracy to commit wire fraud and mail fraud and conspiracy to commit money laundering in violation of 18 U.S.C.S. §§ 371, 1956(a)(1)(A)(I), (h). He appealed after the United …

U.S. v. Gonzalez, Inc., No. 04-10041 (9th Cir.) (412 F.3d 1102) (June 22, 2005) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Necessity

U.S. v. Gonzalez, Inc., No. 04-10041 (9th Cir.) (412 F.3d 1102) (June 22, 2005) (Judge Dorothy Wright Nelson) by This decision is a throwback to an era when the courts actually policed the Government’s use of wiretaps and held the Government to rigid - rather than ritualistic - standards of …

U.S. v. Basciano, No. 05-CR-0060 (NGG) (E.D.N.Y.) (369 F.Supp.2d 344) (May 5, 2005) (Judge Nicholas G. Garaufis)

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

Filed under: Punch And Jurists

U.S. v. Basciano, No. 05-CR-0060 (NGG) (E.D.N.Y.) (369 F.Supp.2d 344) (May 5, 2005) (Judge Nicholas G. Garaufis) by The defendant is this case, Vincent Basciano, a reputed crime boss of the Bonnano family, was incarcerated at the BOP’s MCC facility in Manhattan, where he was being held indefinitely in solitary …

U.S. v. Copeland, No. 01-CR-1453 (E.D.N.Y.) (369 F.Supp.2d 275) (May 4, 2005) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Reasonable Probability

U.S. v. Copeland, No. 01-CR-1453 (E.D.N.Y.) (369 F.Supp.2d 275) (May 4, 2005) (Judge Jack B. Weinstein) by The defendant in this case was charged with illegal reentry after deportation in violation of 8 U.S.C. § 1326(a); and, after a complex procedural history including an earlier remand from the Second Circuit, …

Evans v. Stephens, No. 02-16424 (11th Cir.) (407 F.3d 1272) (May 9, 2005) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Searches - Body/Strip

Evans v. Stephens, No. 02-16424 (11th Cir.) (407 F.3d 1272) (May 9, 2005) (Judge James Larry Edmondson) by The Eleventh Circuit reheard the appeal that was presented by defendant police officer that challenged the decision entered by the United States District Court for the Northern District of Georgia. The district …

U.S. v. Pepper, No. 04-2057 (8th Cir.) (412 F.3d 995) (June 24, 2005) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Impermissible Factors

U.S. v. Pepper, No. 04-2057 (8th Cir.) (412 F.3d 995) (June 24, 2005) (Judge Morris Sheppard Arnold) by The Court held that the Federal Sentencing Guidelines do not permit a district court to consider matters unrelated to the defendant's assistance to law enforcement officials when determining how far to depart …

U.S. v. Ross, No. 04-2124 (7th Cir.) (412 F.3d 771) (June 20, 2005) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Ross, No. 04-2124 (7th Cir.) (412 F.3d 771) (June 20, 2005) (Judge Terrence T. Evans) by In a case that must be read to realize the full import of the trial court’s blind acceptance of the Government’s case, the Seventh Circuit vacated the defendant’s conviction for being a …

Bell v. Thompson, No. 04-514 (U.S. Supreme Court) (545 U.S. 794; 125 S.Ct. 2825) (June 27, 2005) (Justice Kennedy)

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

Filed under: Punch And Jurists, Inherent Equitable Power

Bell v. Thompson, No. 04-514 (U.S. Supreme Court) (545 U.S. 794; 125 S.Ct. 2825) (June 27, 2005) (Justice Kennedy) by Technically, the issue before the Court in this case was whether the Sixth Circuit had abused its discretion by withdrawing an opinion in a habeas case months after the ruling …

U.S. v. Cabrera, No. 03-1890 (1st Cir.) (145 Fed. Appx. 373) (June 14, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Right to Hearing

U.S. v. Cabrera, No. 03-1890 (1st Cir.) (145 Fed. Appx. 373) (June 14, 2005) (Per Curiam) by In this case the defendant/appellant argued that the district court had erred by not holding an evidentiary hearing at the time of sentencing regarding the issue of drug quantity. That argument evoked the …

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (366 F.Supp.2d 822) (March 31, 2005) (Judge Mark W. Bennett)

Article • June 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Case Specific Questions

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (366 F.Supp.2d 822) (March 31, 2005) (Judge Mark W. Bennett) by Defendant was charged with five counts of killing witnesses while engaging in a drug-trafficking conspiracy, in violation of 21 U.S.C.S. § 848(e)(1)(A) and 18 U.S.C.S. § 2; and five counts of killing …

Gonzalez v. Crosby, No. 04-6432 (U.S. Supreme Court) (545 U.S. 524; 125 S.Ct. 2641) (June 23, 2005) (Justice Scalia)

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

Filed under: Punch And Jurists

Gonzalez v. Crosby, No. 04-6432 (U.S. Supreme Court) (545 U.S. 524; 125 S.Ct. 2641) (June 23, 2005) (Justice Scalia) by In habeas proceedings, a motion for relief under Federal Rule of Civil Procedure 60(b) is not to be treated as a successive habeas petition if it does not assert, or …

U.S. v. Taylor, No. 04-4104 (4th Cir.) (414 F.3d 528) (July 11, 2005) (Judge Clyde H. Hamilton)

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

Filed under: Appeals, Punch And Jurists

U.S. v. Taylor, No. 04-4104 (4th Cir.) (414 F.3d 528) (July 11, 2005) (Judge Clyde H. Hamilton) by In this case the Court addressed whether a criminal defendant has "a federal constitutional right to effective assistance of counsel with regard to a post-conviction, post-direct appeal motion for reduction of sentence …

Pimentel v. Gonzales, No. 05-CV-1199 (NGG) (E.D.N.Y.) (367 F.Supp.2d 365) (May 3, 2005) (Judge Nicholas G. Garaufis)

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

Filed under: Punch And Jurists, 10% Limitation

Pimentel v. Gonzales, No. 05-CV-1199 (NGG) (E.D.N.Y.) (367 F.Supp.2d 365) (May 3, 2005) (Judge Nicholas G. Garaufis) by Here the Court held that the BOP's revision of its long-standing policy regarding the placement of inmates in halfway houses at the end of their prison terms was not an appropriate exercise …

Mayle v. Felix, No. 04-563 (U.S. Supreme Court) (545 U.S. 644; 125 S.Ct. 2562) (June 23, 2005) (Justice Ginsburg)

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

Filed under: Punch And Jurists

Mayle v. Felix, No. 04-563 (U.S. Supreme Court) (545 U.S. 644; 125 S.Ct. 2562) (June 23, 2005) (Justice Ginsburg) by In his dissent, Justice summarized the import of this case by stating that it required the Court “to decide how the relation back provision of Rule 15(c)(2) of the Federal …

Halbert v. Michigan, No. 03-10198 (U.S. Supreme Court) (545 U.S. 605; 125 S.Ct. 2582) (June 23, 2005) (Justice Ginsburg)

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

Filed under: Punch And Jurists, On Appeal After Guilty Plea

Halbert v. Michigan, No. 03-10198 (U.S. Supreme Court) (545 U.S. 605; 125 S.Ct. 2582) (June 23, 2005) (Justice Ginsburg) by Here, by a 6-to-3 vote, the Supreme Court vacated as unconstitutional a Michigan statute that denied court appointed counsel to persons plead guilty to a crime and thereafter seek permission …

Rompilla v. Beard, No. 04-5462 (U.S. Supreme Court) (545 U.S. 374; 125 S.Ct. 2456) (June 20, 2005) (Justice Souter)

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

Filed under: Punch And Jurists, Capital Cases

Rompilla v. Beard, No. 04-5462 (U.S. Supreme Court) (545 U.S. 374; 125 S.Ct. 2456) (June 20, 2005) (Justice Souter) by Here the Court held, by a 5-to-4 vote, that even when a capital defendant himself has suggested that no mitigating evidence is available, his lawyer is bound to make reasonable …

U.S. v. Patterson, No. 00-30306 (9th Cir.) (406 F.3d 1095) (May 6, 2005) (Judge John T. Jr. Noonan)

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

Filed under: Double jeopardy, Punch And Jurists

U.S. v. Patterson, No. 00-30306 (9th Cir.) (406 F.3d 1095) (May 6, 2005) (Judge John T. Jr. Noonan) by

U.S. v. Borer, No. 03-2903 (8th Cir.) (412 F.3d 987) (June 22, 2005) (Judge Steven M. Colloton)

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

Filed under: Punch And Jurists

U.S. v. Borer, No. 03-2903 (8th Cir.) (412 F.3d 987) (June 22, 2005) (Judge Steven M. Colloton) by In this case, the court rejected the Government's argument that the defendant was ineligible for a three-level acceptance of responsibility reduction under § 3E1.1(b) because the PROTECT Act (which was passed after …

U.S. v. Kwan, No. 03-50315 (9th Cir.) (407 F.3d 1005) (May 12, 2005) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists

U.S. v. Kwan, No. 03-50315 (9th Cir.) (407 F.3d 1005) (May 12, 2005) (Judge Betty Binns Fletcher) by