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McKinney v. Alabama, No. 74-532 (U.S. Supreme Court) (424 U.S. 669; 96 S.Ct. 1189) (March 23, 1976) (Justice Rehnquist)
Article • January 2, 2005
Filed under: Punch And Jurists
McKinney v. Alabama, No. 74-532 (U.S. Supreme Court) (424 U.S. 669; 96 S.Ct. 1189) (March 23, 1976) (Justice Rehnquist) by In this case, an Alabama statute enabled the district attorney to obtain a civil adjudication of obscenity against a magazine called New Directions. Subsequently the State Attorney General's office delivered …
Lewis v. U.S., No. 36 (U.S. Supreme Court) (385 U.S. 206; 87 S.Ct. 424) (December 12, 2066) (Justice Warren)
Article • January 2, 2005
Filed under: Punch And Jurists, Informants and Paid Witnesses
Lewis v. U.S., No. 36 (U.S. Supreme Court) (385 U.S. 206; 87 S.Ct. 424) (December 12, 2066) (Justice Warren) by Defendant was convicted in a United States District Court of transfer of marijuana, in violation of 18 U.S.C. § 4742(a). The United States Court of Appeals for the First Circuit …
Lewis v. U.S., No. 78-1595 (U.S. Supreme Court) (445 U.S. 55; 100 S.Ct. 915) (February 27, 1980) (Justice Blackmun)
Article • January 2, 2005
Filed under: Punch And Jurists, Predicate Acts/Offenses
Lewis v. U.S., No. 78-1595 (U.S. Supreme Court) (445 U.S. 55; 100 S.Ct. 915) (February 27, 1980) (Justice Blackmun) by Here the Court held that the broad and plain language of 18 USC app § 1202(a)(1) prohibits possession of a firearm be any person convicted of a felony without regard …
Rucker v. U.S., No. 2:04-CV-00914PGC (D.Utah) (382 F.Supp.2d 1288) (February 10, 2005) (Judge Paul G. Cassell)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Retroactivity, Punch And Jurists
Rucker v. U.S., No. 2:04-CV-00914PGC (D.Utah) (382 F.Supp.2d 1288) (February 10, 2005) (Judge Paul G. Cassell) by
U.S. v. Moran, No. 1:03-CR-452 (N.D.N.Y.) (349 F.Supp.2d 425) (January 5, 2005) (Judge David N. Hurd)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Searches - Automobile
U.S. v. Moran, No. 1:03-CR-452 (N.D.N.Y.) (349 F.Supp.2d 425) (January 5, 2005) (Judge David N. Hurd) by As a sign of the times in which we live, Judge Hurd rejected the defendant’s motion to suppress evidence seized in his car that was derived from a Global Positioning System (“GPS”) device …
U.S. v. Levy, No. 01-17133 (11th Cir.) (391 F.3d 1327) (December 3, 2004) (Per Curiam)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Constitutional Challenges
U.S. v. Levy, No. 01-17133 (11th Cir.) (391 F.3d 1327) (December 3, 2004) (Per Curiam) by
U.S. v. Rodriguez, No. 04-12676 (11th Cir.) (398 F.3d 1291) (February 4, 2005) (Judge Edward E. Carnes)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Plain Error
U.S. v. Rodriguez, No. 04-12676 (11th Cir.) (398 F.3d 1291) (February 4, 2005) (Judge Edward E. Carnes) by U.S. v. Labastida-Segura, 396 F.3d 1140 (10th Cir. 02/04/2005) (Judge Kelly) U.S. v. Rodriguez, 398 F.3d 1291 (11th Cir. 02/04/05) (Judge Carnes) One of the major Booker disagreements that has developed among …
U.S. v. Siegelbaum, No. CR No. 02-179-01-PA (D.Or.) (359 F.Supp.2d 1104) (January 24, 2005) (Judge Owen M. Panner)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Retroactivity, Punch And Jurists
U.S. v. Siegelbaum, No. CR No. 02-179-01-PA (D.Or.) (359 F.Supp.2d 1104) (January 24, 2005) (Judge Owen M. Panner) by
Brinson v. Vaughn, No. 02-4466 (3rd Cir.) (398 F.3d 225) (February 8, 2005) (Judge Samuel A. Jr. Alito)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Batson Claims
Brinson v. Vaughn, No. 02-4466 (3rd Cir.) (398 F.3d 225) (February 8, 2005) (Judge Samuel A. Jr. Alito) by On April 28, 1986, two days before the Supreme Court issued its landmark ruling in Batson v. Kentucky, 476 U.S. 79 (1985), jury selection began in the trial of Charles Brinson, …
U.S. v. Biheiri, No. 1:04cr201 (E.D.Va.) (356 F.Supp.2d 589) (February 9, 2005) (Judge Thomas Selby III Ellis)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Section 3553(a) Factors
U.S. v. Biheiri, No. 1:04cr201 (E.D.Va.) (356 F.Supp.2d 589) (February 9, 2005) (Judge Thomas Selby III Ellis) by This decision relates to the sentencing of an Egyptian convicted of terrorism financing; and it is noted principally for Judge Ellis’ detailed discussion and analysis of some of the sentencing questions not …
O.K. v. Bush, No. CIV.A.04-CV-01136(JBD) (D.D.C.) (344 F.Supp.2d 44) (October 26, 2004) (Judge John D. Bates)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims
O.K. v. Bush, No. CIV.A.04-CV-01136(JBD) (D.D.C.) (344 F.Supp.2d 44) (October 26, 2004) (Judge John D. Bates) by There are at least three good reasons to read this decision. First, even though Judge Bates was appointed to the bench by President Bush, and even though, as his decision reflects, he is …
U.S. v. Labastida-Segura, No. 04-1311 (10th Cir.) (396 F.3d 1140) (February 4, 2005) (Judge Paul J. Jr. Kelly)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Remands
U.S. v. Labastida-Segura, No. 04-1311 (10th Cir.) (396 F.3d 1140) (February 4, 2005) (Judge Paul J. Jr. Kelly) by U.S. v. Labastida-Segura, 396 F.3d 1140 (10th Cir. 02/04/2005) (Judge Kelly) U.S. v. Rodriguez, 398 F.2d 1291 (11th Cir. 02/04/05) (Judge Carnes) One of the major Booker disagreements that has developed …
U.S. v. Vega, No. 03-13329 (11th Cir.) (392 F.3d 1281) (December 8, 2004) (Per Curiam)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Definitions
U.S. v. Vega, No. 03-13329 (11th Cir.) (392 F.3d 1281) (December 8, 2004) (Per Curiam) by
U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (362 F.Supp.2d 1043) (February 18, 2005) (Judge Mark W. Bennett)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Bifurcated Trial
U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (362 F.Supp.2d 1043) (February 18, 2005) (Judge Mark W. Bennett) by This is another in a recent line of cases in which courts have held that the defendant in a capital case is entitled to more than one jury - a concept that …
In Re Guantanamo Detainee Cases, No. 02-CV-0299 (D.D.C.) (355 F.Supp.2d 443) (January 31, 2005) (Judge Joyce Hens Green)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists
In Re Guantanamo Detainee Cases, No. 02-CV-0299 (D.D.C.) (355 F.Supp.2d 443) (January 31, 2005) (Judge Joyce Hens Green) by In a case involving the legal rights of some of the "enemy combatants" being held at Guantanamo Bay, Judge Green held that the President is not authorized “to rule by fiat …
U.S. v. Wise, No. 03-30274 (9th Cir.) (391 F.3d 1027) (December 8, 2004) (Judge Andrew J. Kleinfeld)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Relation to Offense of Conviction
U.S. v. Wise, No. 03-30274 (9th Cir.) (391 F.3d 1027) (December 8, 2004) (Judge Andrew J. Kleinfeld) by The defendant, who pled guilty to attempting to defraud the Social Security Administration, appealed from the imposition of a special condition of supervised release that barred her from having contact with children …
U.S. v. Huerta-Rodriguez, No. 8:93CR365 (D.Neb.) (355 F.Supp.2d 1019) (February 1, 2005) (Judge Joseph F. Bataillon)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Constitutional Challenges
U.S. v. Huerta-Rodriguez, No. 8:93CR365 (D.Neb.) (355 F.Supp.2d 1019) (February 1, 2005) (Judge Joseph F. Bataillon) by
U.S. v. Nellum, No. 2-04-CR-30 PS (N.D.Ind.) (2005 U.S. Dist. LEXIS 1568) (February 3, 2005) (Judge Philip P. Simon)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Recidivism
U.S. v. Nellum, No. 2-04-CR-30 PS (N.D.Ind.) (2005 U.S. Dist. LEXIS 1568) (February 3, 2005) (Judge Philip P. Simon) by The 57-year old defendant in this case was a relatively small-time crack dealer who was convicted of distributing crack-cocaine; and his Guideline sentencing range was 168-210 months. After carefully computing …
U.S. v. Gleich, No. 04-1888 (8th Cir.) (397 F.3d 608) (February 8, 2005) (Judge Kermit Edward Bye)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists
U.S. v. Gleich, No. 04-1888 (8th Cir.) (397 F.3d 608) (February 8, 2005) (Judge Kermit Edward Bye) by This case, involving a conviction for possession of materials depicting the sexual exploitation of minors, is noted for two reasons. First, in rejecting a broad series of challenges to the scope of …
U.S. v. Manasrah, No. 03-CR-46 (E.D.Wisc.) (347 F.Supp.2d 634) (December 1, 2004) (Judge Lynn S. Adelman)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Family Circumstances
U.S. v. Manasrah, No. 03-CR-46 (E.D.Wisc.) (347 F.Supp.2d 634) (December 1, 2004) (Judge Lynn S. Adelman) by Although this is a pre-Booker Guideline case dealing with a downward departure based on family circumstances (a ground that U.S.S.G. § 5H1.6 says is “not ordinarily relevant” in determining whether the sentence should …
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