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U.S. v. Grammas, No. 03-50310 (5th Cir.) (376 F.3d 433) (July 1, 2004) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists

U.S. v. Grammas, No. 03-50310 (5th Cir.) (376 F.3d 433) (July 1, 2004) (Judge Edith Brown Clement) by Here, based on the Supreme Court's decision in Glover v. U.S., 531 U.S. 433 (2001), the Fifth Circuit abandoned its previous "significantly less harsh test" and adopted the "any amount of jail …

U.S. v. Gementera, No. 03-10103 (9th Cir.) (379 F.3d 596) (August 9, 2004) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Punishment

U.S. v. Gementera, No. 03-10103 (9th Cir.) (379 F.3d 596) (August 9, 2004) (Judge Diarmuid F. O'Scannlain) by Here a divided panel upheld a special condition of supervised release that imposed a humiliating punishment on a convicted felon - namely that he wear a sandwich board announcing that he stole …

U.S. v. Rios-Flores, No. 02-CR-632-ALL (W.D.Tex.) (318 F.Supp.2d 452) (January 21, 2003) (William Wayne Justice)

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

Filed under: Punch And Jurists, Federal Penal Facility

U.S. v. Rios-Flores, No. 02-CR-632-ALL (W.D.Tex.) (318 F.Supp.2d 452) (January 21, 2003) (William Wayne Justice) by We have no idea why this decision took more than 18 months to be published; but we are relatively certain that some heads will role now that Judge Justice’s ruling has finally leaked out. …

Ramirez v. Pugh, No. 02-2101 (3rd Cir.) (379 F.3d 122) (August 12, 2004) (Judge Robert E. Cowen)

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

Filed under: Punch And Jurists, Ensign Amendment

Ramirez v. Pugh, No. 02-2101 (3rd Cir.) (379 F.3d 122) (August 12, 2004) (Judge Robert E. Cowen) by Sharply disagreeing with the D.C. Circuit, the Third Circuit held that the Ensign Amendment, which bars the distribution of sexually explicity materials in prison, was facially invlid as overly broad and unsupported …

U.S. v. Smith, No. EDCV 04-006RT (C.D.Cal.) (318 F.Supp.2d 875) (March 18, 2004) (Judge Robert J. Timlin)

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

Filed under: Punch And Jurists, Good Time Credits

U.S. v. Smith, No. EDCV 04-006RT (C.D.Cal.) (318 F.Supp.2d 875) (March 18, 2004) (Judge Robert J. Timlin) by This is a rare case in which the Court acknowledged that, while district courts “do not have the authority to compute sentence credits for the time a defendant is detained prior to …

U.S. v. Stewart, No. 03 CR.717(MGC) (S.D.N.Y.) (317 F.Supp.2d 426) (May 5, 2004) (Judge Miriam Goldman Cedarbaum)

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

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. Stewart, No. 03 CR.717(MGC) (S.D.N.Y.) (317 F.Supp.2d 426) (May 5, 2004) (Judge Miriam Goldman Cedarbaum) by Defendants, a stockbroker and his client, were convicted of obstruction of an agency proceeding, making false statements, and conspiring to do those things. The stockbroker was also convicted of perjury. The stockbroker …

U.S. v. Bedonie, No. 2:02-CR-00690-PGC (D.Utah) (317 F.Supp.2d 1285) (May 11, 2004) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Bedonie, No. 2:02-CR-00690-PGC (D.Utah) (317 F.Supp.2d 1285) (May 11, 2004) (Judge Paul G. Cassell) by In this major review and interpretation of the Mandatory Victims Restitution Act, Judge Cassell ordered two defendants, convicted of involuntary and voluntary manslaughter, to pay restitution to the families of their victims. The …

Garcia v. U.S., No. 04-CV-0465 (N.D.N.Y.) (2004 U.S. Dist. LEXIS 14984) (August 4, 2004) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists, Crawford

Garcia v. U.S., No. 04-CV-0465 (N.D.N.Y.) (2004 U.S. Dist. LEXIS 14984) (August 4, 2004) (Judge Thomas J. McAvoy) by

Monge v. California, No. 97-6146 (U.S. Supreme Court) (524 U.S. 721; 118 S.Ct. 2246) (June 26, 1998) (Justice O'Connor)

Article • June 25, 2004

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Monge v. California, No. 97-6146 (U.S. Supreme Court) (524 U.S. 721; 118 S.Ct. 2246) (June 26, 1998) (Justice O'Connor) by Case held that the Double Jeopardy Clause did not extend to California court's noncapital sentencing proceeding to determine the truth of allegations supporting an enhanced sentence. Monge was convicted in …

McKoy v. North Carolina, No. 88-5909 (U.S. Supreme Court) (494 U.S. 433; 110 S.Ct. 1227) (March 5, 1990) (Justice Marshall)

Article • June 25, 2004

Filed under: Punch And Jurists

McKoy v. North Carolina, No. 88-5909 (U.S. Supreme Court) (494 U.S. 433; 110 S.Ct. 1227) (March 5, 1990) (Justice Marshall) by Certiorari was granted to the Supreme Court of North Carolina to determine whether the unanimity requirement in the state's capital sentencing scheme was unconstitutional. Petitioner, who had been convicted …

Duncan v. Louisiana, No. 410 (U.S. Supreme Court) (391 U.S. 145; 88 S.Ct. 1444) (May 20, 2068) (Justice White)

Article • June 25, 2004

Filed under: Punch And Jurists, Jury Trial

Duncan v. Louisiana, No. 410 (U.S. Supreme Court) (391 U.S. 145; 88 S.Ct. 1444) (May 20, 2068) (Justice White) by Here the Court held that States must respect the right to jury trial because in the context of the institutions and practices by which we adopt and apply our criminal …

DeStefano v. Woods, No. 559 (U.S. Supreme Court) (392 U.S. 631; 88 S.Ct. 2093) (June 17, 2068) (Per Curiam)

Article • June 25, 2004

Filed under: Punch And Jurists

DeStefano v. Woods, No. 559 (U.S. Supreme Court) (392 U.S. 631; 88 S.Ct. 2093) (June 17, 2068) (Per Curiam) by Here the Court. Two actions came before the court on petition for writ of certiorari. Petitioner first prisoner sought collateral relief from his conviction on the ground that state and …

Remmer v. U.S., No. 156 (U.S. Supreme Court) (350 U.S. 377; 76 S.Ct. 377) (March 5, 2056) (Justice Minton)

Article • June 20, 2004

Filed under: Punch And Jurists, Presumption of Prejudice

Remmer v. U.S., No. 156 (U.S. Supreme Court) (350 U.S. 377; 76 S.Ct. 377) (March 5, 2056) (Justice Minton) by Petitioner, who was convicted of tax evasion, was granted certiorari to review the judgment of the United States Court of Appeals for the Ninth Circuit, which affirmed a district court's …

Gold v. U.S., No. 137 (U.S. Supreme Court) (352 U.S. 985; 77 S.Ct. 378) (January 28, 2057) (Per Curiam)

Article • June 20, 2004

Filed under: Punch And Jurists, Presumption of Prejudice

Gold v. U.S., No. 137 (U.S. Supreme Court) (352 U.S. 985; 77 S.Ct. 378) (January 28, 2057) (Per Curiam) by Here, supplementing its rulings in Remmer v. U.S., the Court held that the fact that an intrusion on the jury was unintentional does not remove the effect of that intrusion; …

Arizona v. Fulminante, No. 89-839 (U.S. Supreme Court) (499 U.S. 279; 111 S.Ct. 1246) (March 26, 1991) (Justice White)

Article • June 19, 2004

Filed under: Punch And Jurists, Confessions - Coerced

Arizona v. Fulminante, No. 89-839 (U.S. Supreme Court) (499 U.S. 279; 111 S.Ct. 1246) (March 26, 1991) (Justice White) by In this case, the Supreme Court was required to decide whether a Government informant's credible threat of exposure to physical violence supported a conclusion, under the totality of the circumstances, …

Blackledge v. Allison, No. 75-1693 (U.S. Supreme Court) (431 U.S. 63; 97 S.Ct. 1621) (May 2, 1977) (Justice Stewart)

Article • June 18, 2004

Filed under: Appeals, Punch And Jurists

Blackledge v. Allison, No. 75-1693 (U.S. Supreme Court) (431 U.S. 63; 97 S.Ct. 1621) (May 2, 1977) (Justice Stewart) by The Court granted certiorari to review a judgment of the United States Court of Appeals for the Fourth Circuit that reversed the summary dismissal of defendant inmate's petition for writ …

U.S. v. Sattar, No. S1 02 395JGK (S.D.N.Y.) (314 F.Supp.2d 279) (April 20, 2004) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Sattar, No. S1 02 395JGK (S.D.N.Y.) (314 F.Supp.2d 279) (April 20, 2004) (Judge John G. Koeltl) by Defendants were charged with conspiring to defraud the United States, conspiring to murder and kidnap persons in a foreign country, soliciting persons to engage in crimes of violence, conspiring to and …

Blakely v. Washington, No. 02-1632 (U.S. Supreme Court) (542 U.S. 296; 124 S.Ct. 2531) (June 24, 2004) (Justice Scalia)

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

Filed under: Punch And Jurists

Blakely v. Washington, No. 02-1632 (U.S. Supreme Court) (542 U.S. 296; 124 S.Ct. 2531) (June 24, 2004) (Justice Scalia) by Relying on Apprendi v. New Jersey, a sharply divided Court held that the Sixth Amendment requires a jury determination of the factual basis for upward departures - a principle that …

U.S. v. Booker, No. 03-4225 (7th Cir.) (375 F.3d 508) (July 9, 2004) (Judge Richard A. Posner)

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

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

U.S. v. Booker, No. 03-4225 (7th Cir.) (375 F.3d 508) (July 9, 2004) (Judge Richard A. Posner) by Shortly after the Supreme Court's landmark decision in Blakely v. Washington, 124 S.Ct. 2531 (2004), the Seventh Circuit became the first Federal Court of Appeals to hold that the Federal Sentencing Guidelines …

Gonzalez v. Secretary for Dep't of Corrections, No. 02-12054 (11th Cir.) (366 F.3d 1253) (April 26, 2004) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists

Gonzalez v. Secretary for Dep't of Corrections, No. 02-12054 (11th Cir.) (366 F.3d 1253) (April 26, 2004) (Judge Edward E. Carnes) by The court considered, en banc, appeals in three cases, two from the United States District Court for the Southern District of Florida, and one from the United States …