Search | Punch and Jurists

Khalid v. Bush, No. Civ. No. 1:04-1142 (RJL) (D.D.C.) (355 F.Supp.2d 311) (January 19, 2005) (Judge Richard J. Leon)

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

Filed under: Punch And Jurists

Khalid v. Bush, No. Civ. No. 1:04-1142 (RJL) (D.D.C.) (355 F.Supp.2d 311) (January 19, 2005) (Judge Richard J. Leon) by In a case involving some of the alleged "enemy combatants" being held at Guantanamo Bay, Judge Leon concluded that he could not find any “viable legal theory” permitting him to …

In Re Guantanamo Detainee Cases, No. 02-CV-0299 (D.D.C.) (344 F.Supp.2d 174) (November 8, 2004) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Detention - Generally

In Re Guantanamo Detainee Cases, No. 02-CV-0299 (D.D.C.) (344 F.Supp.2d 174) (November 8, 2004) (Judge Joyce Hens Green) by Petitioner detainees brought actions against respondents, federal government officials and military officials (officials), regarding their continued detention at a United States military base. Following coordination of the detainees' actions, the officials …

A.C.L.U. v. Department of Defense, No. 04 CIV. 4151 (AKH) (S.D.N.Y.) (351 F.Supp.2d 265) (February 2, 2005) (Judge Alvin K. Hellerstein)

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

Filed under: Punch And Jurists

A.C.L.U. v. Department of Defense, No. 04 CIV. 4151 (AKH) (S.D.N.Y.) (351 F.Supp.2d 265) (February 2, 2005) (Judge Alvin K. Hellerstein) by In this Freedom of Information Act ruling, District Judge Alvin Hellerstein rejected an attempt by the C.I.A. to delay indefinitely the processing and release of critical documents pertaining …

U.S. v. Myers, No. 3:04-CR-147 (S.D.Iowa) (353 F.Supp.2d 1026) (January 26, 2005) (Judge Robert W. Pratt)

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

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

U.S. v. Myers, No. 3:04-CR-147 (S.D.Iowa) (353 F.Supp.2d 1026) (January 26, 2005) (Judge Robert W. Pratt) by This is one of those cases that cried out for relief from an inflexible Guidelines regimen. The defendant, Robert Myers, who had no prior criminal history, was charged by an over-zealous ATF with …

U.S. v. Grinard-Henry, No. 04-12677 (11th Cir.) (399 F.3d 1294) (February 11, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Grinard-Henry, No. 04-12677 (11th Cir.) (399 F.3d 1294) (February 11, 2005) (Per Curiam) by

U.S. v. Croce, No. CRIM.02-819-01 (E.D.Pa.) (345 F.Supp.2d 492) (November 19, 2004) (Judge Stewart Dalzell)

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

Filed under: Punch And Jurists, Forfeiture Money Judgments

U.S. v. Croce, No. CRIM.02-819-01 (E.D.Pa.) (345 F.Supp.2d 492) (November 19, 2004) (Judge Stewart Dalzell) by Here, on the Government's motion for a rehearing, the Court granted in part one of the Government's requests, but only to the extent that the court reconsidered the amount of forfeiture to which the …

U.S. v. Tarango, No. 03-50810 (5th Cir.) (396 F.3d 666) (February 9, 2005) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Severance

U.S. v. Tarango, No. 03-50810 (5th Cir.) (396 F.3d 666) (February 9, 2005) (Judge Carl E. Stewart) by This is a rare decision in which a conviction was reversed because the court found that the defendant was “clearly prejudiced” when she was jointly tried alongside an absent co-defendant, who absconded …

U.S. v. Hicks, No. 03-40655 (5th Cir.) (389 F.3d 514) (November 2, 2004) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Ballistics Evidence

U.S. v. Hicks, No. 03-40655 (5th Cir.) (389 F.3d 514) (November 2, 2004) (Judge Carolyn Dineen King) by This case is noted for its detailed discussion of the admissibility of ballistics evidence and testimony under the standards for reliability established in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 …

Sash v. Zenk, No. 04-CV-2476 (NGG) (E.D.N.Y.) (344 F.Supp.2d 376) (November 9, 2004) (Judge Nicholas G. Garaufis)

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

Filed under: Punch And Jurists, Calculation of 54 Days

Sash v. Zenk, No. 04-CV-2476 (NGG) (E.D.N.Y.) (344 F.Supp.2d 376) (November 9, 2004) (Judge Nicholas G. Garaufis) by Petitioner filed a 28 U.S.C.S. § 2241 petition, claiming that he should have been released from federal detention because he had accrued 121 days of good-time credit pursuant to 18 U.S.C.S. § …

U.S. v. Wanning, No. 4:03CR2001-1 (D.Neb.) (354 F.Supp.2d 1056) (February 3, 2005) (Judge Richard G. Kopf)

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

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

U.S. v. Wanning, No. 4:03CR2001-1 (D.Neb.) (354 F.Supp.2d 1056) (February 3, 2005) (Judge Richard G. Kopf) by Here, strongly disagreeing with Judge Pratt's views, contained in U.S. v. Myers, 353 F.Supp.2d 1026 (S.D.Iowa Jan. 26, 2005) about the weight to be accorded to the Guidelines post-Booker, and strongly endorsing the …

U.S. v. Ameline, No. 02-39326 (9th Cir.) (400 F.3d 646) (February 9, 2005) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Ameline, No. 02-39326 (9th Cir.) (400 F.3d 646) (February 9, 2005) (Judge Richard A. Paez) by The defendant, Alfred Ameline, pled guilty to the possession of a detectible amount of methamphetamine. He was sentenced to 150 months in prison, based on the district court’s determination, by a preponderance …

U.S. v. LeCroy, No. Crim. No. 04-370-7 (E.D.Pa.) (348 F.Supp.2d 375) (December 17, 2004) (Judge Michael M. Baylson)

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

Filed under: Punch And Jurists, Joint Defense Agreement

U.S. v. LeCroy, No. Crim. No. 04-370-7 (E.D.Pa.) (348 F.Supp.2d 375) (December 17, 2004) (Judge Michael M. Baylson) by The two defendants in this case, Charles LeCroy and Anthony Snell. were indicted for wire fraud after allegedly soliciting and obtaining from a lawyer (who was originally named a co-defendant but …

U.S. v. Talebnejad, No. CRIM.PJM 03-0517 (D.Md.) (342 F.Supp.2d 346) (September 28, 2004) (Judge Peter J. Messitte)

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

Filed under: Punch And Jurists, USA Patriot Act

U.S. v. Talebnejad, No. CRIM.PJM 03-0517 (D.Md.) (342 F.Supp.2d 346) (September 28, 2004) (Judge Peter J. Messitte) by In this case, Judge Messitte dismissed, as “fatally infirm,” an indictment that charged three Arab defendants with conducting an unlicensed money transmitting business in violation of 18 U.S.C. § 1960, as amended …

U.S. v. Antelope, No. 03-30334 (9th Cir.) (395 F.3d 1128) (January 27, 2005) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

U.S. v. Antelope, No. 03-30334 (9th Cir.) (395 F.3d 1128) (January 27, 2005) (Judge M. Margaret McKeown) by In this case, the Court addressed the constitutionality of a popular sex offender treatment program, known as the Sexual Abuse Behavior Evaluation and Recovery program (“SABER”). The program subjects participants to mandatory …

U.S. v. Hedaithy, No. 03-1566 (3rd Cir.) (392 F.3d 580) (December 16, 2004) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Waiver

U.S. v. Hedaithy, No. 03-1566 (3rd Cir.) (392 F.3d 580) (December 16, 2004) (Judge Walter K. Stapleton) by This case arose out of a huge scheme in which some 65 foreign nationals of Arab descent paid imposters to take the Test of English as a Foreign Language (“TOEFL”) so defendant/aliens …

U.S. v. Hernandez-Baide, No. 04-3101 (10th Cir.) (392 F.3d 1153) (December 20, 2004) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. Hernandez-Baide, No. 04-3101 (10th Cir.) (392 F.3d 1153) (December 20, 2004) (Judge Wade Brorby) by This is a pre-Booker Guidelines case that is noted as a vivid example of the difference between a mandatory Guideline system and an advisory one; and the facts of this case probably accurately …

U.S. v. Wilson, No. 2:03-CR-00882 PGC (D.Utah) (355 F.Supp.2d 1269) (February 2, 2005) (Judge Paul G. Cassell)

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

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

U.S. v. Wilson, No. 2:03-CR-00882 PGC (D.Utah) (355 F.Supp.2d 1269) (February 2, 2005) (Judge Paul G. Cassell) by

Bell v. Cone, No. 04-394 (U.S. Supreme Court) (543 U.S. 447; 125 S.Ct. 847) (January 24, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Bell v. Cone, No. 04-394 (U.S. Supreme Court) (543 U.S. 447; 125 S.Ct. 847) (January 24, 2005) (Per Curiam) by Respondent prison inmate was convicted in state court of murders and sentenced to death but asserted that the statutory aggravating sentencing factor for conduct which was especially heinous, atrocious, or …

Prison Legal News v. Lehman, No. 03-35608 (9th Cir.) (397 F.3d 692) (February 1, 2005) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Prison Mail

Prison Legal News v. Lehman, No. 03-35608 (9th Cir.) (397 F.3d 692) (February 1, 2005) (Judge Arthur L. Alarcon) by

Illinois v. Caballes, No. 03-923 (U.S. Supreme Court) (543 U.S. 405; 125 S.Ct. 834) (January 24, 2005) (Justice Stevens)

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

Filed under: Punch And Jurists, Searches - Automobile

Illinois v. Caballes, No. 03-923 (U.S. Supreme Court) (543 U.S. 405; 125 S.Ct. 834) (January 24, 2005) (Justice Stevens) by By a 6-to-2 vote, the Supreme Court ruled that police do not violate the Fourth Amendment when they use a drug-detecting dog to locate illegal drugs during a legal traffic …