Search | Punch and Jurists

U.S. v. Sczubelek, No. 03-2173 (3rd Cir.) (402 F.3d 175) (March 21, 2005) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Sczubelek, No. 03-2173 (3rd Cir.) (402 F.3d 175) (March 21, 2005) (Judge Jane R. Roth) by In this case, a convicted bank robber who was serving a term of supervised release, challenged the constitutionality of the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. §§ 14135 - …

U.S. v. McDaniel, No. 03-1940 (6th Cir.) (398 F.3d 540) (February 17, 2005) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. McDaniel, No. 03-1940 (6th Cir.) (398 F.3d 540) (February 17, 2005) (Judge Karen Nelson Moore) by Two appellants challenged the decision entered by the United States District Court for the Western District of Michigan that convicted appellants of conspiracy, theft of U.S. mail, and bank fraud. Appellant one …

U.S. v. Jeronimo, No. 03-30394 (9th Cir.) (398 F.3d 1149) (February 23, 2005) (Judge Ronald M. Gould)

Article • March 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Jeronimo, No. 03-30394 (9th Cir.) (398 F.3d 1149) (February 23, 2005) (Judge Ronald M. Gould) by Defendant appealed the judgment of the United States District Court for the District of Oregon denying his motion to withdraw his guilty plea to two counts of drug trafficking. Defendant pleaded guilty …

U.S. v. Scarboro, No. CRIM. 4:02CR124-1 (E.D.Va.) (352 F.Supp.2d 714) (January 11, 2005) (Judge Raymond A. Jackson)

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

Filed under: Punch And Jurists, Collection

U.S. v. Scarboro, No. CRIM. 4:02CR124-1 (E.D.Va.) (352 F.Supp.2d 714) (January 11, 2005) (Judge Raymond A. Jackson) by U.S. v. Laws, 352 F.Supp.2d 707 (E.D.Va. 2004) (Judge Jackson) U.S. v. Scarboro, 352 F.Supp.2d 714 (E.D.Va. 2005) (Judge Jackson) Recently, we noted a study by the Government Accounting Office (GAO) entitled …

U.S. v. McKay, No. CR 99-309(ADS) (E.D.N.Y.) (352 F.Supp.2d 359) (January 10, 2005) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists

U.S. v. McKay, No. CR 99-309(ADS) (E.D.N.Y.) (352 F.Supp.2d 359) (January 10, 2005) (Judge Arthur D. Spatt) by Defendant was sentenced to serve a 37-month term of imprisonment. After completing that term of incarceration, defendant was placed on supervised release for a three-year period. Defendant moved for an order pursuant …

U.S. v. Lyons, No. 6:01-CR-134ORL-31DAB (M.D.Fla.) (352 F.Supp.2d 1231) (September 30, 2004) (Judge Gregory A. Presnell)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Lyons, No. 6:01-CR-134ORL-31DAB (M.D.Fla.) (352 F.Supp.2d 1231) (September 30, 2004) (Judge Gregory A. Presnell) by Defendant was found guilty of drug-conspiracy, carjacking, and various counterfeit-clothing charges. The case had been remanded from the United States Court of Appeals for the Eleventh Circuit after it found that the Government …

U.S. v. Laws, No. CRIM.A. 2:03CRS (E.D.Va.) (352 F.Supp.2d 707) (December 16, 2004) (Judge Raymond A. Jackson)

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

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. Laws, No. CRIM.A. 2:03CRS (E.D.Va.) (352 F.Supp.2d 707) (December 16, 2004) (Judge Raymond A. Jackson) by U.S. v. Laws, 352 F.Supp.2d 707 (E.D.Va. 2004) (Judge Jackson) U.S. v. Scarboro, 352 F.Supp.2d 714 (E.D.Va. 2005) (Judge Jackson) Recently, we noted a study by the Government Accounting Office (GAO) entitled …

Abdul-Malik v. Hawk-Sawyer, No. 04-3877-pr (2nd Cir.) (403 F.3d 72) (April 5, 2005) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Abdul-Malik v. Hawk-Sawyer, No. 04-3877-pr (2nd Cir.) (403 F.3d 72) (April 5, 2005) (Judge Dennis G. Jacobs) by In a blunt assessment of the confused and confusing state of sentencing of defendants who are serving both a federal and a state term of imprisonment, Judge Jacobs called the situation both …

U.S. v. Webb, No. 03-6110 (6th Cir.) (403 F.3d 373) (April 6, 2005) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Reasonableness of Sentence

U.S. v. Webb, No. 03-6110 (6th Cir.) (403 F.3d 373) (April 6, 2005) (Judge Karen Nelson Moore) by In this case, the Court addressed some important open Booker issues, including: (1) the impact of joint recommendations and stipulations in a pre-Booker plea agreement; (2) the (rare) instances in which a …

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (354 F.Supp.2d 939) (January 3, 2005) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (354 F.Supp.2d 939) (January 3, 2005) (Judge Mark W. Bennett) by [Editors' Note: See also subsequent decision on appeal to the 8th Circuit, reported at U.S. v. Johnson, 495 F.3d 951 (8th Cir. July 30, 2007)].

Abdah v. Bush, No. Civ. No. 04-1254 (HHK) (D.D.C.) (2005 U.S. Dist. LEXIS 4942) (March 29, 2005) (Judge Henry H. Jr. Kennedy)

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

Filed under: Punch And Jurists

Abdah v. Bush, No. Civ. No. 04-1254 (HHK) (D.D.C.) (2005 U.S. Dist. LEXIS 4942) (March 29, 2005) (Judge Henry H. Jr. Kennedy) by Within the space of two weeks, two different judges in this case enjoined the Government from transferring 13 Yemeni detainees being held at Guantanamo Bay, without giving …

Abdah v. Bush, No. Civ. No. 04-1254 (HHK) (RMC) (D.D.C.) (2005 U.S. Dist. LEXIS 4942) (March 12, 2005) (Judge Rosemary M. Collyer)

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

Filed under: Punch And Jurists

Abdah v. Bush, No. Civ. No. 04-1254 (HHK) (RMC) (D.D.C.) (2005 U.S. Dist. LEXIS 4942) (March 12, 2005) (Judge Rosemary M. Collyer) by Abdah v. Bush, Civ. No. 04-1254 (HHK) (D.D.C. 03/29/05) (Judge Kennedy) Abdah v. Bush, Civ. No. 04-1254 (HHK) (RMC) (D.D.C. 03/12/05) (Judge Collyer) Since 9/11, the United …

Murillo v. Frank, No. 04-2202 (7th Cir.) (402 F.3d 786) (April 1, 2005) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

Murillo v. Frank, No. 04-2202 (7th Cir.) (402 F.3d 786) (April 1, 2005) (Judge Frank H. Easterbrook) by In this case the Seventh Circuit concluded that the Supreme Court’s seminal Confrontation Clause decision in Crawford v. Washington, 541 U.S. 36 (2004) is not retroactive for purposes of collateral review under …

Hayes v. Brown, No. 99-99030 (9th Cir.) (399 F.3d 972) (March 7, 2005) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Hayes v. Brown, No. 99-99030 (9th Cir.) (399 F.3d 972) (March 7, 2005) (Judge Sidney R. Thomas) by Petitioner inmate petitioned for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2254, challenging his conviction for first-degree murder and burglary and his death sentence. The United States District Court …

U.S. v. Gonzalez-Huerta, No. 04-2045 (10th Cir.) (403 F.3d 727) (April 8, 2005) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Gonzalez-Huerta, No. 04-2045 (10th Cir.) (403 F.3d 727) (April 8, 2005) (Judge Deanell R. Tacha) by Appellant pleaded guilty to illegal reentry by a deported alien and in determining his sentence, the U.S. District Court for the District of New Mexico did not rely upon judge-found facts, but …

U.S. v. Montano, No. 03-11950 (11th Cir.) (398 F.3d 1276) (February 4, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Montano, No. 03-11950 (11th Cir.) (398 F.3d 1276) (February 4, 2005) (Per Curiam) by Petitioner sought a rehearing after the United States District Court for the Northern District of Georgia denied his motion seeking leave to file an untimely 28 U.S.C. § 2255 motion to vacate, set aside, …

U.S. v. Bailon-Cruz, No. CR. 04-CR-266-RB (D.Colo.) (351 F.Supp.2d 1131) (November 15, 2004) (Judge Robert E. Blackburn)

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

Filed under: Punch And Jurists, Gilded Indictment

U.S. v. Bailon-Cruz, No. CR. 04-CR-266-RB (D.Colo.) (351 F.Supp.2d 1131) (November 15, 2004) (Judge Robert E. Blackburn) by Section 3161(b) of the Speedy Trial Act requires an indictment to be filed “within thirty days from the date on which [the defendant] was arrested or served with a summons in connection …

U.S. v. Yarborough, No. 03-3141 (D.C. Cir.) (400 F.3d 17) (March 11, 2005) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists

U.S. v. Yarborough, No. 03-3141 (D.C. Cir.) (400 F.3d 17) (March 11, 2005) (Judge A. Raymond Randolph) by Here the Court held that the district court's delivery of a jury instruction prepared by the Council of Court Excellence (COCE) concerning jury deadlock, rather than the standard Allen charge regarding jury …

U.S. v. Seifert, No. 04-CR-113 JMR (D.Minn.) (351 F.Supp.2d 926) (January 7, 2005) (Judge James M. Rosenbaum)

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

Filed under: Punch And Jurists, Best Evidence Rule

U.S. v. Seifert, No. 04-CR-113 JMR (D.Minn.) (351 F.Supp.2d 926) (January 7, 2005) (Judge James M. Rosenbaum) by Here Judge Rosenbaum denied the defendant’s motion to exclude a digitally-converted and -enhanced surveillance videotape under the “best evidence rule” contained in Fed.R.Evid. 1002. After a hearing, he concluded that the duplicate …

U.S. v. Hanhardt, No. 00 CR 853-1 (N.D.Ill.) (353 F.Supp.2d 957) (December 7, 2004) (Judge Charles R. Sr. Norgle)

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

Filed under: Punch And Jurists

U.S. v. Hanhardt, No. 00 CR 853-1 (N.D.Ill.) (353 F.Supp.2d 957) (December 7, 2004) (Judge Charles R. Sr. Norgle) by Here the Court held that it had no authority, under the provisions of the Federal Debt Collection Procedures Act, 28 U.S.C. § 2001, et seq., to reduce the Government’s 25% …