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U.S. v. Johnson, No. 97-CR-0206 (N.D.N.Y.) (2005 U.S. Dist. LEXIS 52) (January 5, 2005) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists, Computer Use/Internet Access

U.S. v. Johnson, No. 97-CR-0206 (N.D.N.Y.) (2005 U.S. Dist. LEXIS 52) (January 5, 2005) (Judge Thomas J. McAvoy) by Here, distinguishing two Circuit Court decisions which have ruled otherwise, Judge McAvoy held that a sex offender could be barred from using the Internet, even in the performance of his job. …

Terry v. Menifee, No. 04 Civ. 4505 (MBM) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 21960) (November 1, 2004) (Judge Michael B. Mukasey)

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

Filed under: Punch And Jurists, 10% Limitation

Terry v. Menifee, No. 04 Civ. 4505 (MBM) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 21960) (November 1, 2004) (Judge Michael B. Mukasey) by Here Judge Mukasey found that the statutory interpretation underlying the BOP's current policy regarding limiting CCC placement to the last 10% of one's sentence to be erroneous. The …

U.S. v. Terrell, No. 8:04CR24 (D.Neb.) (2004 U.S. Dist. LEXIS 13781) (July 22, 2004) (Judge Joseph F. Bataillon)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Terrell, No. 8:04CR24 (D.Neb.) (2004 U.S. Dist. LEXIS 13781) (July 22, 2004) (Judge Joseph F. Bataillon) by Defendant, who pled guilty to the indictment charging him with violation of 18 U.S.C. § 922(g)(1), possession of firearms and ammunition by a felon, was before the court for sentencing. The …

U.S. v. Sipe, No. 03-40657 (5th Cir.) (388 F.3d 471) (October 15, 2004) (Judge Patrick E. Higginbotham)

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

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

U.S. v. Sipe, No. 03-40657 (5th Cir.) (388 F.3d 471) (October 15, 2004) (Judge Patrick E. Higginbotham) by In this case the Fifth Circuit granted a new trial based primarily on its finding that the prosecution had violated its duty under Brady v. Maryland, 272 U.S. 83 (1963), by suppressing …

U.S. v. Hill, No. CR 02-01289 AK (C.D.Cal.) (322 F.Supp.2d 1081) (June 17, 2004) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists

U.S. v. Hill, No. CR 02-01289 AK (C.D.Cal.) (322 F.Supp.2d 1081) (June 17, 2004) (Judge Alex Kozinski) by Defendant, who was indicted on one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), brought a series of pre-trial motions, including a motion to suppress and a …

Ceballos v. Garcetti, No. 02-55418 (9th Cir.) (361 F.3d 1168) (March 22, 2004) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

Ceballos v. Garcetti, No. 02-55418 (9th Cir.) (361 F.3d 1168) (March 22, 2004) (Judge Stephen Reinhardt) by Plaintiff deputy district attorney sued defendants, the district attorney (individually), the then-head deputy, and his immediate supervisor, and also the county and the district attorney (officially), under 42 U.S.C.S. § 1983. He appealed …

U.S. v. Visinaiz, No. 2:03-CR-00701 (D.Utah) (344 F.Supp.2d 1310) (November 16, 2004) (Judge Paul G. Cassell)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Visinaiz, No. 2:03-CR-00701 (D.Utah) (344 F.Supp.2d 1310) (November 16, 2004) (Judge Paul G. Cassell) by Here the Court concluded that the Sixth Amendment right to a jury trial, "as expansively interpreted in Blakely, does not extend to restitution awards. Two separate justifications support this conclusion. First, restitution is …

Chavis v. Lemarque, No. 01-17072 (9th Cir.) (382 F.3d 921) (May 10, 2004) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists

Chavis v. Lemarque, No. 01-17072 (9th Cir.) (382 F.3d 921) (May 10, 2004) (Judge Betty Binns Fletcher) by Appellant inmate was convicted of attempted first degree murder in state court. His state court appeals and habeas petitions were unsuccessful; he then filed a federal habeas petition, which the United States …

U.S. v. Carpenter, No. 01-5368 (6th Cir.) (360 F.3d 591) (March 9, 2004) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Good Faith

U.S. v. Carpenter, No. 01-5368 (6th Cir.) (360 F.3d 591) (March 9, 2004) (Judge Eugene E. Jr. Siler) by The United States District Court for the Eastern District of Tennessee, at Greeneville, denied defendants' motion to suppress and convicted defendants for manufacturing marijuana. The appellate court panel affirmed in part, …

U.S. v. Emmenegger, No. 04 Cr. 334 (GEL) (S.D.N.Y.) (329 F.Supp.2d 416) (August 4, 2004) (Judge Gerard E. Lynch)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Emmenegger, No. 04 Cr. 334 (GEL) (S.D.N.Y.) (329 F.Supp.2d 416) (August 4, 2004) (Judge Gerard E. Lynch) by Defendant, an employee of a registered securities broker-dealer, pled guilty to five-counts of securities and wire fraud. The government recommended a prison sentence at the bottom of the range of …

Jones v. Blanas, No. 02-17148 (9th Cir.) (393 F.3d 918) (December 27, 2004) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Pre-Trial Detainees

Jones v. Blanas, No. 02-17148 (9th Cir.) (393 F.3d 918) (December 27, 2004) (Judge Betty Binns Fletcher) by Here the Court held that the district court had erred in dismissing a § 1983 lawsuit on the grounds that it had been filed late, concluding that he should have been granted …

U.S. v. Gonzalez, No. 03 Cr. 41 (DAB) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 11760) (June 25, 2004) (Judge Deborah A. Batts)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Gonzalez, No. 03 Cr. 41 (DAB) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 11760) (June 25, 2004) (Judge Deborah A. Batts) by

U.S. v. Croxford, No. 2:02-CR-00302PGC (D.Utah) (2004 U.S. Dist. LEXIS 12156) (June 29, 2004) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Sentences - Adjustments and Departures

U.S. v. Croxford, No. 2:02-CR-00302PGC (D.Utah) (2004 U.S. Dist. LEXIS 12156) (June 29, 2004) (Judge Paul G. Cassell) by This case involved a resident of Utah, Brent Croxford, who pled guilty to sexually exploiting a child by taking nude and suggestive photos of a girl – 8 or 9 years …

Whitfield v. U.S., No. 03-1293 (U.S. Supreme Court) (543 U.S. 209; 125 S.Ct. 687) (January 11, 2005) (Justice O'Connor)

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

Filed under: Punch And Jurists, Mens Rea Element

Whitfield v. U.S., No. 03-1293 (U.S. Supreme Court) (543 U.S. 209; 125 S.Ct. 687) (January 11, 2005) (Justice O'Connor) by

U.S. v. Bad Marriage, No. 03-30404 (9th Cir.) (392 F.3d 1103) (December 30, 2004) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists, Drug or Alcohol Dependence

U.S. v. Bad Marriage, No. 03-30404 (9th Cir.) (392 F.3d 1103) (December 30, 2004) (Judge Warren J. Ferguson) by Here both the majority and dissenting judges acknowledged the serious problem of alcohol abuse on Indian reservations, but they failed to take any meaningful steps to deal with that problem at …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (348 F.Supp.2d 1) (December 29, 2004) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Separate Juries

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (348 F.Supp.2d 1) (December 29, 2004) (Judge Nancy Gertner) by In this ruling, Judge Gertner set forth Additional Findings in Support of her previous Order (reported at 343 F.Supp.2d 23) in which she directed that there be two separate juries in this …

U.S. v. Johnson, No. 02-4413 (4th Cir.) (393 F.3d 466) (December 29, 2004) (Judge Clyde H. Hamilton)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Johnson, No. 02-4413 (4th Cir.) (393 F.3d 466) (December 29, 2004) (Judge Clyde H. Hamilton) by The principal question presented in this case was “whether, upon the government's motion for a downward departure pursuant to 18 U.S.C. § 3553(e), a district court can impose a sentence below the …

U.S. v. Carmichael, Jr., No. Crim. No. 2:03CR259-T (M.D.Ala.) (342 F.Supp.2d 1070) (November 12, 2004) (Judge Myron H. Thompson)

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

Filed under: Standing, Punch And Jurists

U.S. v. Carmichael, Jr., No. Crim. No. 2:03CR259-T (M.D.Ala.) (342 F.Supp.2d 1070) (November 12, 2004) (Judge Myron H. Thompson) by Defendant was charged with drug conspiracy and money laundering and subsequently created a website identifying federal agents and informants for the putative purpose of obtaining information. One agent moved to …

U.S. v. Bodmer, No. 03 CR. 947(SAS) (S.D.N.Y.) (342 F.Supp.2d 176) (July 9, 2004) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Foreign Corrupt Practices Act (FCPA)

U.S. v. Bodmer, No. 03 CR. 947(SAS) (S.D.N.Y.) (342 F.Supp.2d 176) (July 9, 2004) (Judge Shira A. Scheindlin) by Defendant was indicted on charges of conspiracy to violate former 15 U.S.C. § 78dd-2 (amended 1998) of the Foreign Corrupt Practices Act (FCPA) and of conspiracy to launder money in violation …

U.S. v. Andersen, No. 02-21200 (5th Cir.) (374 F.3d 281) (June 16, 2004) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Essential Elements of Crime

U.S. v. Andersen, No. 02-21200 (5th Cir.) (374 F.3d 281) (June 16, 2004) (Judge Patrick E. Higginbotham) by Defendant accounting firm appealed its conviction from the United States District Court for the Southern District of Texas after being found guilty under 18 U.S.C. § 1512(b)(2) of obstructing an official investigation …