Search | Punch and Jurists

Slutzker v. Johnson, No. 03-4046 (3rd Cir.) (393 F.3d 373) (December 29, 2004) (Judge Edward R. Becker)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Slutzker v. Johnson, No. 03-4046 (3rd Cir.) (393 F.3d 373) (December 29, 2004) (Judge Edward R. Becker) by Here the Third Circuit granted habeas relief from a twelve-year-old conviction in a nearly thirty-year-old murder case, based on the prosecution’s failure to disclose to the defense 21 police reports in violation …

U.S. v. Blanco, No. 03-10390 (9th Cir.) (392 F.3d 382) (December 27, 2004) (Judge William A. Fletcher)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Blanco, No. 03-10390 (9th Cir.) (392 F.3d 382) (December 27, 2004) (Judge William A. Fletcher) by After the defendant was convicted of various drug crimes, he appealed, arguing that the government failed to disclose material impeachment evidence in violation of Brady v. Maryland, 272 U.S. 83 (1963) and …

U.S. v. Clark, No. 03-60693 (5th Cir.) (389 F.3d 141) (October 21, 2004) (Per Curiam)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Clark, No. 03-60693 (5th Cir.) (389 F.3d 141) (October 21, 2004) (Per Curiam) by In a case of first impression for the Fifth Circuit, the Court rejected the defendant’s contention that drugs held for personal use should not be used to calculate his sentence because they were not …

U.S. v. Combs, No. 03-30456 (9th Cir.) (394 F.3d 739) (January 11, 2005) (Judge Kim McLane Wardlaw)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Searches - Knock and Announce

U.S. v. Combs, No. 03-30456 (9th Cir.) (394 F.3d 739) (January 11, 2005) (Judge Kim McLane Wardlaw) by After conducting a bench trial, the United States District Court for the District of Alaska convicted defendant of maintaining a place for the manufacture of controlled substances, attempting to manufacture methamphetamine, being …

Thompson v. Bell, No. 00-5516 (6th Cir.) (373 F.3d 688) (June 23, 2004) (Judge Karen Nelson Moore)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists

Thompson v. Bell, No. 00-5516 (6th Cir.) (373 F.3d 688) (June 23, 2004) (Judge Karen Nelson Moore) by In a prior decision reported at 315 F.3d 566 (6th Cir. Jan. 9, 2003), the Sixth Circuit appellate court affirmed the decision of the United States District Court for the Eastern District …

U.S. v. Flowers, No. 04-1917 (7th Cir.) (389 F.3d 737) (November 19, 2004) (Judge Terrence T. Evans)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Expungement/Removal

U.S. v. Flowers, No. 04-1917 (7th Cir.) (389 F.3d 737) (November 19, 2004) (Judge Terrence T. Evans) by In 1996, when she was 18 years old, the defendant drove two co-defendants to and from a house, where they burned a cross while wearing white sheets, in an attempt to intimidate …

U.S. v. Ranum, No. 04-CR-31 (E.D.Wisc.) (353 F.Supp.2d 984) (January 19, 2005) (Judge Lynn S. Adelman)

Article • December 1, 2004 • from P&J December, 2004

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

U.S. v. Ranum, No. 04-CR-31 (E.D.Wisc.) (353 F.Supp.2d 984) (January 19, 2005) (Judge Lynn S. Adelman) by In this thoughtful 13-page decision, Judge Adelman explained why he decided to sentence the defendant to a year and a day in prison, rather than to the term of 37-to-46 months that would …

U.S. v. Wilson, No. 2:03-CR-00882 PGC (D.Utah) (350 F.Supp.2d 910) (January 13, 2005) (Judge Paul G. Cassell)

Article • December 1, 2004 • from P&J December, 2004

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

U.S. v. Wilson, No. 2:03-CR-00882 PGC (D.Utah) (350 F.Supp.2d 910) (January 13, 2005) (Judge Paul G. Cassell) by The day after the Supreme Court's decision in U.S. v. Booker, 125 S.Ct. 738 (Jan. 12, 2005), Judge Cassell posted this 39-page analysis and interpretation of Booker. Clearly, in his view, the …

U.S. v. Levy, No. 01-17133 (11th Cir.) (374 F.3d 1023) (June 23, 2004) (Per Curiam)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Levy, No. 01-17133 (11th Cir.) (374 F.3d 1023) (June 23, 2004) (Per Curiam) by Defendant appealed the judgment of the United States District Court for the Southern District of Florida sentencing him to two consecutive sentences totaling 168 months in prison after he pleaded guilty to conspiring to …

U.S. v. Allman, No. 04-5313 (6th Cir.) (119 Fed.Appx. 751) (January 6, 2005) (Judge Deborah L. Cook)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Age

U.S. v. Allman, No. 04-5313 (6th Cir.) (119 Fed.Appx. 751) (January 6, 2005) (Judge Deborah L. Cook) by The United States District Court for the Eastern District of Tennessee convicted defendant of two firearms offenses. The district court sentenced defendant to five years probation, including six months of home detention, …

Perez-Olivo v. Chavez, No. 04-1486 (1st Cir.) (394 F.3d 45) (January 7, 2005) (Judge Norman H. Stahl)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Good Time Credits

Perez-Olivo v. Chavez, No. 04-1486 (1st Cir.) (394 F.3d 45) (January 7, 2005) (Judge Norman H. Stahl) by

Arnett v. Jackson, No. 03-4375 (6th Cir.) (393 F.3d 681) (January 6, 2005) (Judge Paul R. Matia)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Religious Freedom/Worship

Arnett v. Jackson, No. 03-4375 (6th Cir.) (393 F.3d 681) (January 6, 2005) (Judge Paul R. Matia) by Here a divided panel from the Sixth Circuit affirmed the defendant's sentence for a child molestation conviction over his challenge that the trial court had violated his right to due process when …

U.S. v. Wright, No. Crim. No. 2:93cr262-T (M.D.Ala.) (342 F.Supp.2d 1068) (November 2, 2004) (Judge Myron H. Thompson)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

U.S. v. Wright, No. Crim. No. 2:93cr262-T (M.D.Ala.) (342 F.Supp.2d 1068) (November 2, 2004) (Judge Myron H. Thompson) by Defendant filed motions to hold her sentence by video conference in connection with her guilty plea to violations of 18 U.S.C. § 922(g)(1) (unlawful possession of a firearm), 21 U.S.C. § …

U.S. v. Afshari, No. 02-50355 (9th Cir.) (392 F.3d 1031) (December 20, 2004) (Judge Andrew J. Kleinfeld)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

U.S. v. Afshari, No. 02-50355 (9th Cir.) (392 F.3d 1031) (December 20, 2004) (Judge Andrew J. Kleinfeld) by Reversing a lower court decision, the panel upheld a critical provision of the antiterrorism laws that permit the Government to designate organizations as "foreign terrorist organizations" without giving advance notice and an …

U.S. v. Leung, No. CR 03-434 FMC (C.D.Cal.) (351 F.Supp.2d 992) (January 6, 2005) (Judge Florence-Marie Cooper)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Dismissal

U.S. v. Leung, No. CR 03-434 FMC (C.D.Cal.) (351 F.Supp.2d 992) (January 6, 2005) (Judge Florence-Marie Cooper) by The defendant is Katrina Leung -- a Chinese born woman who had been working for the FBI while living in the U.S. Leung had worked with and had an affair with her …

Felix v. Mayle, No. 02-16614 (9th Cir.) (379 F.3d 612) (August 9, 2004) (Judge Jr. William C. Canby)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists

Felix v. Mayle, No. 02-16614 (9th Cir.) (379 F.3d 612) (August 9, 2004) (Judge Jr. William C. Canby) by Appellant inmate sought judicial review of the decision by the United States District Court for the Eastern District of California dismissing his 28 U.S.C. § 2254 petition for habeas corpus relief. …

Doe v. Miller, No. 3:03-cv-90067 (S.D.Iowa) (298 F.Supp.2d 844) (February 9, 2004) (Judge Robert W. Pratt)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Megan's Laws

Doe v. Miller, No. 3:03-cv-90067 (S.D.Iowa) (298 F.Supp.2d 844) (February 9, 2004) (Judge Robert W. Pratt) by Plaintiffs, a class of sexual offenders, sued defendants, the Iowa Attorney General and all of Iowa's County Attorneys, asking the court to declare Iowa Code § 692A.2A (the Act) unconstitutional on a number …

Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 02-2130 (3rd Cir.) (364 F.3d 102) (March 24, 2004) (Judge Thomas L. Ambro)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 02-2130 (3rd Cir.) (364 F.3d 102) (March 24, 2004) (Judge Thomas L. Ambro) by Appellant corporation sought review of a decision of the United States District Court for the District of New Jersey, which denied the corporation's motion to dismiss the …

U.S. v. $242,844/00, No. 01-16485 (11th Cir.) (389 F.3d 1149) (November 2, 2004) (Judge Edward E. Carnes)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. $242,844/00, No. 01-16485 (11th Cir.) (389 F.3d 1149) (November 2, 2004) (Judge Edward E. Carnes) by After a district court had ordered the forfeiture of $ 242,484 in cash that had been seized from the claimant because the district court found it was linked to illegal drug activities, …

U.S. v. Wallace, No. 03-30728 (5th Cir.) (389 F.3d 483) (October 28, 2004) (Judge Will L. Garwood)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists

U.S. v. Wallace, No. 03-30728 (5th Cir.) (389 F.3d 483) (October 28, 2004) (Judge Will L. Garwood) by The United States District Court for the Western District of Louisiana convicted defendant, pursuant to his guilty plea, of willfully operating an unregistered aircraft in violation of 49 U.S.C.S. § 46306(b)(5)(A). Defendant …