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Green v. U.S., No. 70, 179 (U.S. Supreme Court) (365 U.S. 301; 81 S.Ct. 653) (February 27, 2061) (Justice Frankfurter)
Article • April 5, 2004
Filed under: Punch And Jurists, Right of Allocution
Green v. U.S., No. 70, 179 (U.S. Supreme Court) (365 U.S. 301; 81 S.Ct. 653) (February 27, 2061) (Justice Frankfurter) by At the conclusion of the defendant's sentencing in this case, the trial judge asked: "Did you want to say something?" (Id., at 302). It was unclear from the record …
U.S. v. Montoya De Hernandez, No. 84-755 (U.S. Supreme Court) (473 U.S. 531; 105 S.Ct. 3304) (July 1, 1985) (Justice Rehnquist)
Article • April 2, 2004
Filed under: Punch And Jurists, Searches - Border Stops/Searches
U.S. v. Montoya De Hernandez, No. 84-755 (U.S. Supreme Court) (473 U.S. 531; 105 S.Ct. 3304) (July 1, 1985) (Justice Rehnquist) by In this case the Court addressed the applicability of the Fourth Amendment to border searches of persons seeking entry to the U.S. Effectively, the Court held that, because …
U.S. v. Wright, No. 03-30429 (5th Cir.) (361 F.3d 288) (March 8, 2004) (Per Curiam)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Return/Retention of Property
U.S. v. Wright, No. 03-30429 (5th Cir.) (361 F.3d 288) (March 8, 2004) (Per Curiam) by Here, joining with the Fourth and Tenth Circuits, the Fifth Circuit held that the six year statute of limitations for filing a motion to return seized property under Fed.R.Crim.P. 41(e) [now Rule 41(g)] does …
U.S. v. Tarbox, No. 03-1339 (1st Cir.) (361 F.3d 664) (March 22, 2004) (Per Curiam)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists
U.S. v. Tarbox, No. 03-1339 (1st Cir.) (361 F.3d 664) (March 22, 2004) (Per Curiam) by Defendant had been ordered to pay restitution as part of his sentence for violating 18 U.S.C.S. § 1920. Following a dispute with the restitution schedule, the United States District Court for the District of …
U.S. v. Jackson, No. 02-1264 (2nd Cir.) (368 F.3d 59) (May 6, 2004) (Judge Pierre N. Leval)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists
U.S. v. Jackson, No. 02-1264 (2nd Cir.) (368 F.3d 59) (May 6, 2004) (Judge Pierre N. Leval) by This is one of those must-read decisions that forcefully reaffirms the importance of the presumption of innocence under our Constitution - a doctrine that the John Ashcroft Department of Justice seems of …
U.S. v. Gomes, No. Crim. 3:98 CR 195(CF) (D.Conn.) (305 F.Supp.2d 158) (February 17, 2004) (Judge Christopher F. Droney)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication
U.S. v. Gomes, No. Crim. 3:98 CR 195(CF) (D.Conn.) (305 F.Supp.2d 158) (February 17, 2004) (Judge Christopher F. Droney) by Here, on remand from the Supreme Court, the district court again concluded that the defendant was not competent to stand trial and that his involuntary medication was warranted and consistent …
Francolino v. Kuhlman, No. 02-2617 (2nd Cir.) (365 F.3d 137) (April 20, 2004) (Judge Jose A. Cabranes)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Forum/Judge Shopping
Francolino v. Kuhlman, No. 02-2617 (2nd Cir.) (365 F.3d 137) (April 20, 2004) (Judge Jose A. Cabranes) by In 1997, Joseph Francolino was convicted the New York Supreme Court for New York County of a number of crimes arising out of his participation in the cartel that allegedly controls the …
U.S. v. Koubriti, No. 01-80778 (E.D.Mich.) (305 F.Supp.2d 723) (December 16, 2003) (Judge Gerald E. Rosen)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Gag Order
U.S. v. Koubriti, No. 01-80778 (E.D.Mich.) (305 F.Supp.2d 723) (December 16, 2003) (Judge Gerald E. Rosen) by For a long time, this case was the shining star in the Department of Justice’s orbit. Just six days after the September 11, 2001 terrorist attacks, a terrorism task force arrested three of …
U.S. v. Stewart, No. 03 CR. 717 (MGC) (S.D.N.Y.) (305 F.Supp.2d 368) (February 27, 2004) (Judge Miriam Goldman Cedarbaum)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Dismissal
U.S. v. Stewart, No. 03 CR. 717 (MGC) (S.D.N.Y.) (305 F.Supp.2d 368) (February 27, 2004) (Judge Miriam Goldman Cedarbaum) by Plaintiff government charged defendant and co-defendant with conspiracy, obstruction of an agency proceeding, and making false statements to government officials. Defendant was also charged with criminal securities fraud in violation …
U.S. v. Schnepper, No. CR. 02-00062 ACK (D.Hawai'I) (302 F.Supp.2d 1170) (January 13, 2004) (Judge Alan Cooke Kay)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Constitutional Challenges
U.S. v. Schnepper, No. CR. 02-00062 ACK (D.Hawai'I) (302 F.Supp.2d 1170) (January 13, 2004) (Judge Alan Cooke Kay) by This decision is noted for its discussion and rejection of three identical consolidated motions filed by defendants in three unrelated cases in Hawaii who, following their convictions for various crimes, challenged …
U.S. v. Parra, No. 02 CR. 348(PKL) (S.D.N.Y.) (302 F.3d 226) (January 21, 2004) (Judge Peter K. Leisure)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions
U.S. v. Parra, No. 02 CR. 348(PKL) (S.D.N.Y.) (302 F.3d 226) (January 21, 2004) (Judge Peter K. Leisure) by The defendant in this case was charged with a conspiracy to distribute cocaine. On three separate occasions he met with prosecutors in proffer sessions, pursuant to a standard proffer agreement (which …
U.S. v. Romero, No. 03-4266 (10th Cir.) (360 F.3d 1248) (March 9, 2004) (Judge Stephanie K. Seymour)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Withdrawal
U.S. v. Romero, No. 03-4266 (10th Cir.) (360 F.3d 1248) (March 9, 2004) (Judge Stephanie K. Seymour) by It is well known that, today, more than 95% of defendants in the Federal system plead guilty. They do so in part because they know that if they go to trial and …
Dretke v. Haley, No. 02-1824 (U.S. Supreme Court) (541 U.S. 386; 124 S.Ct. 1847) (May 3, 2004) (Justice O'Connor)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence
Dretke v. Haley, No. 02-1824 (U.S. Supreme Court) (541 U.S. 386; 124 S.Ct. 1847) (May 3, 2004) (Justice O'Connor) by Here, by a 6 to 3 vote, in a case where the defendant was incorrectly sentenced as a habitual offender, the Court declined to correct the forfeited error because to …
U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (361 F.3d 494) (March 11, 2004) (Judge Richard R. Clifton)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Consent
U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (361 F.3d 494) (March 11, 2004) (Judge Richard R. Clifton) by
U.S. v. White, No. 02 Cr. 939(DC) (S.D.N.Y.) (301 F.Supp.2d 289) (January 30, 2004) (Judge Denny Chin)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Family Circumstances
U.S. v. White, No. 02 Cr. 939(DC) (S.D.N.Y.) (301 F.Supp.2d 289) (January 30, 2004) (Judge Denny Chin) by Defendant, who pled guilty to bank robbery, was before the court for sentencing. Defendant admitted to acting as a lookout during a violent robbery of a bank. Under the U.S. Sentencing Guidelines …
U.S. v. Mehta, No. Crim. No. 01-10180-NG (D.Mass.) (307 F.Supp.2d 270) (March 3, 2004) (Judge Nancy Gertner)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions
U.S. v. Mehta, No. Crim. No. 01-10180-NG (D.Mass.) (307 F.Supp.2d 270) (March 3, 2004) (Judge Nancy Gertner) by In this Sentencing Memorandum, Judge Gertner set forth a current and comprehensive guide to downward departure for good works under U.S.S.G. § 5H1.11 - a discouraged ground - but one which she …
Al-Marri v. Rumsfeld, No. 03-3674 (7th Cir.) (360 F.3d 707) (March 8, 2004) (Judge Frank H. Easterbrook)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Enemy Combatant Designation
Al-Marri v. Rumsfeld, No. 03-3674 (7th Cir.) (360 F.3d 707) (March 8, 2004) (Judge Frank H. Easterbrook) by Petitioner prisoner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 against respondents, the Secretary of Defense and a Naval commander. The United States District Court …
U.S. v. Andrews, No. Crim. No. SA-02-CR-258(2)-FB (W.D.Tex.) (301 F.Supp.2d 607) (January 28, 2004) (Judge Samuel F. Jr. Biery)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Grounds for Departure
U.S. v. Andrews, No. Crim. No. SA-02-CR-258(2)-FB (W.D.Tex.) (301 F.Supp.2d 607) (January 28, 2004) (Judge Samuel F. Jr. Biery) by Defendant pled guilty to defrauding an elderly person. Defendant was before the court for sentencing. Defendant and his mother, who died prior to sentencing, defrauded an elderly neighbor. In an …
U.S. v. Singh, No. Crim. No. 01-199 (RBW) (D.D.C.) (305 F.Supp.2d 109) (February 24, 2004) (Judge Reggie B. Walton)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Withdrawal
U.S. v. Singh, No. Crim. No. 01-199 (RBW) (D.D.C.) (305 F.Supp.2d 109) (February 24, 2004) (Judge Reggie B. Walton) by In this decision, Judge Walton may have given some new life to an old and somewhat dormant issue: namely, whether an alien who pleads guilty to an aggravated felony is …
White v. Scibana, No. 03-C-581-C (W.D.Wisc.) (314 F.Supp.2d 834) (April 23, 2004) (Judge Barbara B. Crabb)
Article • April 1, 2004 • from P&J April, 2004
Filed under: Punch And Jurists, Calculation of 54 Days
White v. Scibana, No. 03-C-581-C (W.D.Wisc.) (314 F.Supp.2d 834) (April 23, 2004) (Judge Barbara B. Crabb) by Here the Court ruled that, based on the plain language of 18 U.S.C. § 3624(b) and its legislative history, the Bureau of Prisons has been miscalculating the “good time” credits it grants to …
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