Search | Punch and Jurists

Ponnapula v. Ashcroft, No. 03-1255 (3rd Cir.) (373 F.3d 480) (June 28, 2004) (Judge Edward R. Becker)

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

Filed under: Retroactivity, Punch And Jurists

Ponnapula v. Ashcroft, No. 03-1255 (3rd Cir.) (373 F.3d 480) (June 28, 2004) (Judge Edward R. Becker) by Appellants, the Immigration and Naturalization Service, the Department of Justice, and various federal officials, sought review of a judgment from the United States District Court for the Middle District of Pennsylvania, which …

U.S. v. Brisbane, No. 03-3057 (D.C. Cir.) (367 F.3d 910) (May 11, 2004) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Brisbane, No. 03-3057 (D.C. Cir.) (367 F.3d 910) (May 11, 2004) (Judge A. Raymond Randolph) by Defendant appealed from a judgment of the United States District Court for the District of Columbia, that convicted him of distributing five or more grams of "cocaine base," in violation of 21 …

Stumpf v. Mitchell, No. 01-3613 (6th Cir.) (367 F.3d 594) (April 28, 2004) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists

Stumpf v. Mitchell, No. 01-3613 (6th Cir.) (367 F.3d 594) (April 28, 2004) (Judge Martha Craig Daughtrey) by Here, disagreeing with a recent decision from the Ninth Circuit, a divided panel from the Sixth Circuit held that the prosecution’s use of two conflicting theories concerning the identity of a shooter …

U.S. v. Saner, No. IP-03-181-CR-M/F (S.D.Ind.) (313 F.Supp.2d 896) (April 9, 2004) (Judge Larry J. McKinney)

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

Filed under: Punch And Jurists, Crawford

U.S. v. Saner, No. IP-03-181-CR-M/F (S.D.Ind.) (313 F.Supp.2d 896) (April 9, 2004) (Judge Larry J. McKinney) by Based on Crawford, the Confrontation Clause bars the use of a coconspirator’s statement against a co-defendant after he became unavailable for cross-examination by invoking his Fifth Amendment right not to incriminate himself. This …

U.S. v. Combs, No. 01-5997 (6th Cir.) (369 F.3d 925) (June 4, 2004) (Judge Deborah L. Cook)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Combs, No. 01-5997 (6th Cir.) (369 F.3d 925) (June 4, 2004) (Judge Deborah L. Cook) by

U.S. v. Barre, No. 03-CR-306-B (D.Colo.) (313 F.Supp.2d 1086) (April 5, 2004) (Judge Lewis T. Babcock)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Barre, No. 03-CR-306-B (D.Colo.) (313 F.Supp.2d 1086) (April 5, 2004) (Judge Lewis T. Babcock) by Defendant was indicted on one count of knowingly conducting, controlling, managing, supervising, directing, or owning all or part of an unlicensed money transmitting business, in violation of 18 U.S.C. §§ 2 and 1960(a) …

U.S. v. Amberslie, No. 02 CR. 1370(JSR) (S.D.N.Y.) (312 F.Supp.2d 570) (April 2, 2004) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Amberslie, No. 02 CR. 1370(JSR) (S.D.N.Y.) (312 F.Supp.2d 570) (April 2, 2004) (Judge Jed S. Rakoff) by Defendant moves to dismiss a superseding indictment charging a drug conspiracy on the ground of prosecutorial vindictiveness. Shortly before defendant's trial on a single, low-level narcotics charge, the court ruled inadmissible …

Crowley v. Federal Bureau of Prisons, No. 04 Viv. 363(AKH) (S.D.N.Y.) (312 F.Supp.2d 453) (March 17, 2004) (Judge Alvin K. Hellerstein)

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

Filed under: Punch And Jurists, 10% Limitation

Crowley v. Federal Bureau of Prisons, No. 04 Viv. 363(AKH) (S.D.N.Y.) (312 F.Supp.2d 453) (March 17, 2004) (Judge Alvin K. Hellerstein) by Petitioner was sentenced with a recommendation to the Bureau of Prisons (BOP) that he serve the final 18 months of his sentence in a Community Confinement Center (CCC). …

U.S. v. James, No. CR. 03-306-A (E.D.Va.) (312 F.Supp.2d 802) (April 5, 2004) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

U.S. v. James, No. CR. 03-306-A (E.D.Va.) (312 F.Supp.2d 802) (April 5, 2004) (Judge Thomas Selby III Ellis) by The United States filed a writ for continuing garnishment of defendant's retirement accounts for the purpose of collecting amounts ordered in restitution. Defendant was convicted of theft from a program receiving …

U.S. v. Humes, No. 03-20009-BC (E.D.Mich.) (312 F.Supp.2d 893) (March 29, 2004) (Judge David M. Lawson)

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

Filed under: Punch And Jurists, Access Devices

U.S. v. Humes, No. 03-20009-BC (E.D.Mich.) (312 F.Supp.2d 893) (March 29, 2004) (Judge David M. Lawson) by Defendant entered a plea of guilty to one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 371. Defendant objected to a portion of the pre-sentence report that proposed …

U.S. v. Landgarten, No. 04-CR-70 (JBW) (E.D.N.Y.) (325 F.Supp.2d 234) (July 15, 2004) (Judge Jack B. Weinstein)

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

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

U.S. v. Landgarten, No. 04-CR-70 (JBW) (E.D.N.Y.) (325 F.Supp.2d 234) (July 15, 2004) (Judge Jack B. Weinstein) by

U.S. v. Linares, No. 03-3011 (D.C. Cir.) (367 F.3d 941) (May 18, 2004) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Linares, No. 03-3011 (D.C. Cir.) (367 F.3d 941) (May 18, 2004) (Judge David S. Tatel) by Defendant was convicted by a jury in the United States District Court for the District of Columbia of being a felon in possession of a firearm in violation of 18 U.S.C. § …

U.S. v. Ameline, No. 02-30326 (9th Cir.) (376 F.3d 967) (July 21, 2004) (Judge Richard A. Paez)

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

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

U.S. v. Ameline, No. 02-30326 (9th Cir.) (376 F.3d 967) (July 21, 2004) (Judge Richard A. Paez) by In this decision, the Ninth Circuit joined the judicial debate about the impact of Blakely v. Washington on the Federal Sentencing Guidelines. The defendant, Alfred Ameline, pled guilty to the possession of …

U.S. v. Schnupp, No. 03-1964 (3rd Cir.) (368 F.3d 331) (May 18, 2004) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Schnupp, No. 03-1964 (3rd Cir.) (368 F.3d 331) (May 18, 2004) (Judge Anthony J. Scirica) by Here the Court held that a criminal sentence served in a halffway house qualified as a "prior sentence of imprisonment" under U.S.S.G. § 4A1.1 for the purpose of calculating the defendant's criminal …

Nunes v. Ashcroft, No. 02-55613 (9th Cir.) (375 F.3d 810) (July 8, 2004) (Per Curiam)

Article • June 1, 2004 • from P&J January, 2003

Filed under: Habeas Corpus, Punch And Jurists

Nunes v. Ashcroft, No. 02-55613 (9th Cir.) (375 F.3d 810) (July 8, 2004) (Per Curiam) by

U.S. v. Councilman, No. 03-1383 (1st Cir.) (373 F.3d 197) (June 29, 2004) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists

U.S. v. Councilman, No. 03-1383 (1st Cir.) (373 F.3d 197) (June 29, 2004) (Judge Juan R. Torruella) by The United States District Court for the District of Massachusetts dismissed count one of an indictment against defendant, which charged defendant with conspiring to engage in conduct prohibited by various provisions of …

U.S. v. Penaranda, No. 03-1055(L) (2nd Cir.) (375 F.3d 238) (July 12, 2004) (Judge John M. Jr. Walker)

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

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

U.S. v. Penaranda, No. 03-1055(L) (2nd Cir.) (375 F.3d 238) (July 12, 2004) (Judge John M. Jr. Walker) by Rather that getting embroiled in the game of guessing what the Supreme Court meant - and how far its decision in Blakely v. Washington, 124 S.Ct. 2531 (2004) was intended to …

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (324 F.Supp.2d 311) (July 7, 2004) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Severance

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (324 F.Supp.2d 311) (July 7, 2004) (Judge Nancy Gertner) by Multiple defendants, charged with racketeering and weapons offenses under 18 U.S.C. § 1962 and 18 U.S.C. § 924(c), murder in aid of racketeering 18 U.S.C. § 1959(a), and related offenses, moved generally …

U.S. v. Montgomery, No. 2:03-CR-801 TS (D.Utah) (324 F.Supp.2d 1266) (July 8, 2004) (Judge Ted Stewart)

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

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

U.S. v. Montgomery, No. 2:03-CR-801 TS (D.Utah) (324 F.Supp.2d 1266) (July 8, 2004) (Judge Ted Stewart) by Defendant was convicted upon his plea to felon in possession of firearm and ammunition. In sentencing defendant, the court departed upward two levels based on its finding that a death resulted from the …

U.S. v. Einstman, No. 04 Cr. 97 (CM) (S.D.N.Y.) (325 F.Supp.2d 373) (July 14, 2004) (Judge Colleen McMahon)

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

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

U.S. v. Einstman, No. 04 Cr. 97 (CM) (S.D.N.Y.) (325 F.Supp.2d 373) (July 14, 2004) (Judge Colleen McMahon) by In this noteworthy decision, Judge McMahon patiently addressed and rejected a number of the Government's arguments regarding the impact of Blakely on the Federal Sentencing Guidelines. Among her conclusions, she stated: …