Search | Punch and Jurists

U.S. v. Bass, No. 01-1471 (U.S. Supreme Court) (536 U.S. 682; 122 S.Ct. 2389) (June 28, 2002) (Per Curiam)

Article • February 12, 2005

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Bass, No. 01-1471 (U.S. Supreme Court) (536 U.S. 682; 122 S.Ct. 2389) (June 28, 2002) (Per Curiam) by In this case in which the defendant sought to prove an unconstitutional selective prosecution, the evidence presented to support the discriminatory effect element were "nationwide statistics demonstrating that 'the United …

Wilkinson v. Dotson, No. 03-287 (U.S. Supreme Court) (544 U.S. 74; 125 S.Ct. 1242) (March 7, 2005) (Justice Breyer)

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

Filed under: Punch And Jurists, Jurisdiction

Wilkinson v. Dotson, No. 03-287 (U.S. Supreme Court) (544 U.S. 74; 125 S.Ct. 1242) (March 7, 2005) (Justice Breyer) by This is another of a long line of cases which, to use of the words of the Supreme Court, “lies at the intersection of the two most fertile sources of …

U.S. v. Vega, No. 03-1584 (1st Cir.) (398 F.3d 149) (February 24, 2005) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Vega, No. 03-1584 (1st Cir.) (398 F.3d 149) (February 24, 2005) (Judge Sandra L. Lynch) by Defendants' appeals from judgments of the United States District Court for the District of Puerto Rico were consolidated. Both defendants were convicted after trial, along with two other codefendants, for conspiracy to …

U.S. v. Pruden, No. 04-1863 (3rd Cir.) (398 F.3d 241) (February 23, 2005) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Pruden, No. 04-1863 (3rd Cir.) (398 F.3d 241) (February 23, 2005) (Judge Edward R. Becker) by Here the Court held that the district court (Judge Farnan of the D.Del.) erred by requiring, as a condition of supervised release, that the defendant obtain mental health counseling at the discretion …

U.S. v. Williams, No. 04-2882-cr (2nd Cir.) (399 F.3d 450) (February 23, 2005) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Williams, No. 04-2882-cr (2nd Cir.) (399 F.3d 450) (February 23, 2005) (Judge Jon O. Newman) by

U.S. v. Peach, No. No. C4-04-33 (D.N.D.) (356 F.Supp.2d 1018) (February 15, 2005) (Judge Daniel L. Hovland)

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

Filed under: Punch And Jurists, Section 3553(a) Factors

U.S. v. Peach, No. No. C4-04-33 (D.N.D.) (356 F.Supp.2d 1018) (February 15, 2005) (Judge Daniel L. Hovland) by

U.S. v. Zedner, No. 04-0821-cr (2nd Cir.) (401 F.3d 36) (March 8, 2005) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Zedner, No. 04-0821-cr (2nd Cir.) (401 F.3d 36) (March 8, 2005) (Judge Pierre N. Leval) by Citing concerns about allowing serious crimes to go unpunished, the Second Circuit held that errors made under the Speedy Trial Act (18 U.S.C. §§ 3161-3174) should be evaluated under a “harmless error …

Padilla v. Hanft, No. Civ. No. 2:04-2221-26AJ (D.S.C.) (389 F.Supp.2d 678) (February 28, 2005) (Judge Henry F. Floyd)

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

Filed under: Punch And Jurists

Padilla v. Hanft, No. Civ. No. 2:04-2221-26AJ (D.S.C.) (389 F.Supp.2d 678) (February 28, 2005) (Judge Henry F. Floyd) by Following the Supreme Court's decision in Rumsfeld v. Padilla, 124 S. Ct. 2711 (2004), and the refiling of this habeas petition in the jurisdiction where the petitioner was then being held, …

Shepard v. U.S., No. 03-9168 (U.S. Supreme Court) (544 U.S. 13; 125 S.Ct. 1254) (March 7, 2005) (Justice Souter)

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

Filed under: Punch And Jurists

Shepard v. U.S., No. 03-9168 (U.S. Supreme Court) (544 U.S. 13; 125 S.Ct. 1254) (March 7, 2005) (Justice Souter) by In this case, a slim majority of Supreme Court Justices has given notice that it has not yet completed its re-examination of the criminal sentencing process; and that some of …

Johnson v. California, No. 03-636 (U.S. Supreme Court) (543 U.S. 499; 125 S.Ct. 1141) (February 23, 2005) (Justice O'Connor)

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

Filed under: Punch And Jurists, Bias/Discrimination

Johnson v. California, No. 03-636 (U.S. Supreme Court) (543 U.S. 499; 125 S.Ct. 1141) (February 23, 2005) (Justice O'Connor) by Here the Court held that a state prison policy that temporarily segregates new inmates must be evaluated under a "strict scrutiny" standard rather than the more liberal "rational relationship" standard …

Brown v. Payton, No. 03-1039 (U.S. Supreme Court) (544 U.S. 133; 125 S.Ct. 1432) (March 22, 2005) (Justice Kennedy)

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

Filed under: Punch And Jurists

Brown v. Payton, No. 03-1039 (U.S. Supreme Court) (544 U.S. 133; 125 S.Ct. 1432) (March 22, 2005) (Justice Kennedy) by In his dissent, Justice Souter described the issues before the Court in this case as follows: “From a time long before William Payton’s trial, it has been clear law under …

Bennett v. Frank, No. 04-1959 (7th Cir.) (395 F.3d 409) (January 19, 2005) (Judge Richard A. Posner)

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

Filed under: Prison Labor, Punch And Jurists

Bennett v. Frank, No. 04-1959 (7th Cir.) (395 F.3d 409) (January 19, 2005) (Judge Richard A. Posner) by Here, the Court rejected a claim by inmates of a private prison which was under contract to the Wisconsin Department of Corrections that they were entitled to the benefits of the minimum …

U.S. v. Lloyd, No. 03-3334 (7th Cir.) (398 F.3d 978) (March 1, 2005) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Stonewalling

U.S. v. Lloyd, No. 03-3334 (7th Cir.) (398 F.3d 978) (March 1, 2005) (Judge Frank H. Easterbrook) by More than a decade ago, the defendant in this case was originally convicted of multiple federal charges and sentenced to 15 terms of life imprisonment (which was later reduced to 5 terms …

U.S. v. Paladino, No. 03-2296 (7th Cir.) (401 F.3d 471) (February 25, 2005) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Paladino, No. 03-2296 (7th Cir.) (401 F.3d 471) (February 25, 2005) (Judge Richard A. Posner) by In this case, the Seventh Circuit consolidated several cases in which the district courts had enhanced the defendants’ sentences on the basis of facts not determined by the jury, but where the …

U.S. v. Cortez-Rocha, No. 0350491 (9th Cir.) (394 F.3d 1115) (January 20, 2005) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Destructive Searches

U.S. v. Cortez-Rocha, No. 0350491 (9th Cir.) (394 F.3d 1115) (January 20, 2005) (Judge Stephen S. Trott) by This case is noted for what is probably a very accurate (albeit disquieting) picture of the permissible scope of border searches in America post 9/11. Here, the defendant appealed from a conviction …

U.S. v. Thomas, No. 03-CR-30033-MAP (D.Mass.) (360 F.Supp.2d 238) (March 14, 2005) (Judge Michael A. Ponsor)

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

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

U.S. v. Thomas, No. 03-CR-30033-MAP (D.Mass.) (360 F.Supp.2d 238) (March 14, 2005) (Judge Michael A. Ponsor) by Defendant was convicted after a jury trial of two counts of possession with intent to distribute, and distribution of, cocaine base. The court sentenced defendant to 262 months in custody and six years …

Muehler v. Mena, No. 03-1423 (U.S. Supreme Court) (544 U.S. 93; 125 S.Ct. 1465) (March 22, 2005) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Seizure

Muehler v. Mena, No. 03-1423 (U.S. Supreme Court) (544 U.S. 93; 125 S.Ct. 1465) (March 22, 2005) (Justice Rehnquist) by Perhaps the most disturbing aspect of this search and seizure case was that the Federal government felt it necessary to intervene by filing an amicus brief, claiming that the United …

U.S. v. Harris, No. Crim No. 04-0157 (JR) (D.D.C.) (2005 U.S. Dist. LEXIS 3958) (March 7, 2005) (Judge James Robertson)

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

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

U.S. v. Harris, No. Crim No. 04-0157 (JR) (D.D.C.) (2005 U.S. Dist. LEXIS 3958) (March 7, 2005) (Judge James Robertson) by

U.S. v. Murry, No. 03-2413 (7th Cir.) (395 F.3d 712) (January 3, 2005) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Murry, No. 03-2413 (7th Cir.) (395 F.3d 712) (January 3, 2005) (Judge Ilana Diamond Rovner) by The defendant was convicted of transporting fraudulently obtained goods across state lines, in violation of 18 U.S.C. § 2314. At trial, the Government proved losses of $240,068, but at sentencing it argued …

Taylor v. Sebelius, No. CIV.A. 04-3063-KHV (D.Kan.) (350 F.Supp.2d 888) (December 29, 2004) (Judge Kathryn H. Vratil)

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

Filed under: Punch And Jurists, Supervision Fee

Taylor v. Sebelius, No. CIV.A. 04-3063-KHV (D.Kan.) (350 F.Supp.2d 888) (December 29, 2004) (Judge Kathryn H. Vratil) by Plaintiff inmate filed suit against defendants, the Governor and Attorney General of Kansas and the Secretary of the Kansas Department of Corrections, alleging that the state regulation imposing a monthly supervision fee …