Search | Punch and Jurists

Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (346 F.Supp.2d 1) (October 20, 2004) (Judge Coleen Kollar-Kotelly)

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

Filed under: Punch And Jurists

Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (346 F.Supp.2d 1) (October 20, 2004) (Judge Coleen Kollar-Kotelly) by Here Judge Koller-Kotelly of the D.D.C. sharply rebuked the Government for its virtual open defiance of the Supreme Court’s ruling in Rasul v. Bush for using subterfuge and a “flimsy …

U.S. v. Schiff, No. 03-16319 (9th Cir.) (379 F.3d 621) (August 9, 2004) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists

U.S. v. Schiff, No. 03-16319 (9th Cir.) (379 F.3d 621) (August 9, 2004) (Judge Proctor Jr. Hug) by The First Amendment often seems to be reviewed under slightly different standards if the statements at issue have a tendency to attack things that are near and dear to the power base …

U.S. v. Chandler, No. 03-10725 (11th Cir.) (388 F.3d 796) (October 19, 2004) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Chandler, No. 03-10725 (11th Cir.) (388 F.3d 796) (October 19, 2004) (Judge James C. Hill) by Federal prosecutors must have been delirious with excitement when they first learned about this case: with its almost endless supply of defendants all across the country, it had the potential of becoming …

Richmond v. Scibana, No. 04-2264 (7th Cir.) (387 F.3d 602) (October 19, 2004) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

Richmond v. Scibana, No. 04-2264 (7th Cir.) (387 F.3d 602) (October 19, 2004) (Judge Frank H. Easterbrook) by Here the Seventh Circuit disagreed with the approach taken by the First and Eighth Circuits over inmate challenges to the BOP's new policy of limiting placement in halfway houses, holding that prisoners …

Loeffler v. Menifee, No. 04 Civ. 3610(PKC) (S.D.N.Y.) (326 F.Supp.2d 454) (June 7, 2004) (Judge P. Kevin Castel)

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

Filed under: Punch And Jurists, 10% Limitation

Loeffler v. Menifee, No. 04 Civ. 3610(PKC) (S.D.N.Y.) (326 F.Supp.2d 454) (June 7, 2004) (Judge P. Kevin Castel) by The petitioner inmate sought a writ of habeas corpus under 28 U.S.C.S. § 2241, arguing that the Bureau of Prisons (BOP) acted contrary to law in failing to place him in …

Collins v. Ainsworth, No. 03-60539 (5th Cir.) (382 F.3d 529) (August 20, 2004) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Collins v. Ainsworth, No. 03-60539 (5th Cir.) (382 F.3d 529) (August 20, 2004) (Judge Harold R. Jr. DeMoss) by Sheriff Frank Ainsworth of Copiah County, MS just doesn’t like live rock concerts in his county: in his mind, they produce “excessive noise, profanity and trash.” So, when he heard that …

U.S. v. Pimental, No. 03-1093 (1st Cir.) (380 F.3d 575) (August 30, 2004) (Judge Gerard E. Lynch)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Pimental, No. 03-1093 (1st Cir.) (380 F.3d 575) (August 30, 2004) (Judge Gerard E. Lynch) by In a workers' compensation insurance fraud criminal case, after a jury convicted defendant of two counts of mail fraud, the United States District Court for the District of Massachusetts dismissed the convictions …

U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester) by In Smith v. U.S., 508 U.S. 223 (1993), the Supreme Court held that the bartering of guns to obtain drugs constitutes an “active use” of a firearm within the meaning of 18 …

U.S. v. Marrero, No. 04 CR. 0086(JSR) (S.D.N.Y.) (325 F.Supp.2d 453) (July 21, 2004) (Judge Jed S. Rakoff)

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

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

U.S. v. Marrero, No. 04 CR. 0086(JSR) (S.D.N.Y.) (325 F.Supp.2d 453) (July 21, 2004) (Judge Jed S. Rakoff) by After the defendant pleaded guilty to being a felon in possession of a firearm, the Probation Office prepared a presentence investigation report, which calculated the sentencing range under the federal sentencing …

D. C. Court of Appeals. v. Feldman, No. 81-1335 (U.S. Supreme Court) (460 U.S. 462; 103 S.Ct. 1303) (March 23, 1983) (Justice Brennan)

Article • August 31, 2004

Filed under: Punch And Jurists, Rooker-Feldman Doctrine

D. C. Court of Appeals. v. Feldman, No. 81-1335 (U.S. Supreme Court) (460 U.S. 462; 103 S.Ct. 1303) (March 23, 1983) (Justice Brennan) by Here, 60 years after the Supreme Court's decision in Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), the Court essentially affirmed the rule that had …

Travis v. U.S., No. 10 (U.S. Supreme Court) (364 U.S. 631; 81 S.Ct. 358) (January 16, 2061) (Justice Douglas)

Article • August 29, 2004

Filed under: Punch And Jurists

Travis v. U.S., No. 10 (U.S. Supreme Court) (364 U.S. 631; 81 S.Ct. 358) (January 16, 2061) (Justice Douglas) by The retitioner, a union official, sought review of the United States Court of Appeals for the Tenth Circuit's decision affirming his conviction on four counts of indictment for making and …

U.S. v. Wong, No. 74-625 (U.S. Supreme Court) (431 U.S. 174; 97 S.Ct. 1823) (May 23, 1977) (Justice Burger)

Article • August 29, 2004

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Wong, No. 74-625 (U.S. Supreme Court) (431 U.S. 174; 97 S.Ct. 1823) (May 23, 1977) (Justice Burger) by Here the Court affirmed the principle that when grand jury witnesses must choose between incriminating themselves with the truth or lying, perjury is simply not an option. Just one year …

U.S. v. Mandujano, No. 74-754 (U.S. Supreme Court) (425 U.S. 564; 96 S.Ct. 1768) (May 19, 1976) (Justice Burger)

Article • August 29, 2004

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Mandujano, No. 74-754 (U.S. Supreme Court) (425 U.S. 564; 96 S.Ct. 1768) (May 19, 1976) (Justice Burger) by A plurality of the Court held that a grand jury witness, who was also a suspect, could be prosecuted for perjury even though he was not given full Miranda warnings; …

Sandin v. Conner, No. 93-1911 (U.S. Supreme Court) (515 U.S. 472; 115 S.Ct. 2293) (June 19, 1995) (Justice Rehnquist)

Article • August 22, 2004

Filed under: Punch And Jurists

Sandin v. Conner, No. 93-1911 (U.S. Supreme Court) (515 U.S. 472; 115 S.Ct. 2293) (June 19, 1995) (Justice Rehnquist) by Here the Court addressed segregative confinement of a prisoner (in this case for 30 days) and it held that such confinement implicates a liberty interest protected by the Due Process …

Sandin v. Conner, No. 93-1911 (U.S. Supreme Court) (515 U.S. 472; 115 S.Ct. 2293) (June 19, 1995) (Justice Rehnquist)

Article • August 22, 2004

Filed under: Punch And Jurists

Sandin v. Conner, No. 93-1911 (U.S. Supreme Court) (515 U.S. 472; 115 S.Ct. 2293) (June 19, 1995) (Justice Rehnquist) by In this case, the Supreme Court announced a new standard for determining whether prison conditions deprive a state prisoner of a liberty interest that is protected by procedural due process …

Hutto v. Finney, No. 76-1660 (U.S. Supreme Court) (437 U.S. 678; 98 S.Ct. 2565) (June 23, 1978) (Justice Stevens)

Article • August 19, 2004

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Hutto v. Finney, No. 76-1660 (U.S. Supreme Court) (437 U.S. 678; 98 S.Ct. 2565) (June 23, 1978) (Justice Stevens) by In this case a sharply divided court affirmed some broad remedial remedies imposed on the Arkansas prison system to stop and deter unconscionable living conditions in the prison system. After …

U.S. v. Gotti, No. 02-CR-606 (E.D.N.Y.) (322 F.Supp.2d 230) (June 22, 2004) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Criminal Records

U.S. v. Gotti, No. 02-CR-606 (E.D.N.Y.) (322 F.Supp.2d 230) (June 22, 2004) (Judge Frederic Block) by The defendant in this case, Peter Gotti, the alleged acting boss of an organized crime family, was tried and convicted on various charges. Prior to his sentencing, and as is customary, various people submitted …

U.S. v. Castillo, No. 03-20867 (5th Cir.) (386 F.3d 632) (September 22, 2004) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Castillo, No. 03-20867 (5th Cir.) (386 F.3d 632) (September 22, 2004) (Judge Rhesa Hawkins Barksdale) by U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale) U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould) These two cases are noted for their extended discussions of …

U.S. v. Augustin, No. 03-2795 (3rd Cir.) (376 F.3d 135) (July 23, 2004) (Judge Maryanne Trump Barry)

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

Filed under: Punch And Jurists, Unlawful User

U.S. v. Augustin, No. 03-2795 (3rd Cir.) (376 F.3d 135) (July 23, 2004) (Judge Maryanne Trump Barry) by Here the Court vacated a gun conviction under 18 U.S.C. § 922(g)(3), finding that the Government had failed to proved that the defendant was “an unlawful user of or addicted to any …

U.S. v. Hammoud, No. 03-4253 (4th Cir.) (381 F.3d 316) (September 8, 2004) (Judge William W. Jr. Wilkins)

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

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

U.S. v. Hammoud, No. 03-4253 (4th Cir.) (381 F.3d 316) (September 8, 2004) (Judge William W. Jr. Wilkins) by In this 145-page long en banc decision, the majority held, by a vote of 9 to 3, that Blakely does not apply to the Federal Sentencing Guidelines among other reasons because …