Search | Punch and Jurists

U.S. v. Glass, No. 03-50609 (9th Cir.) (361 F.3d 580) (March 17, 2004) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists

U.S. v. Glass, No. 03-50609 (9th Cir.) (361 F.3d 580) (March 17, 2004) (Judge Marsha L. Berzon) by For the second time in the past few weeks, the Ninth Circuit has rejected an attempt to impose criminal sanctions on a defendant who has fabricated facts in order to qualify for …

U.S. v. Dessesaure, No. Crim. No. 03-10191-NG (D.Mass.) (314 F.Supp.2d 81) (April 13, 2004) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Dessesaure, No. Crim. No. 03-10191-NG (D.Mass.) (314 F.Supp.2d 81) (April 13, 2004) (Judge Nancy Gertner) by This case is a classic and disturbingly graphic example of the extremes to which law enforcement officers will sometimes go to secure a conviction - here based on theories that the Court …

U.S. v. Rivera, No. 02-3067 (3rd Cir.) (365 F.3d 213) (April 15, 2004) (Judge Louis F. Oberdorfer)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Rivera, No. 02-3067 (3rd Cir.) (365 F.3d 213) (April 15, 2004) (Judge Louis F. Oberdorfer) by Here, over the dissent of Judge Chertoff, a majority of the active judges denied en banc review of a panel's prior decision reported at 357 F.3d 290 (3rd Cir. 2004).

Sabri v. U.S., No. 03-44 (U.S. Supreme Court) (541 U.S. 600; 124 S.Ct. 1941) (May 17, 2004) (Justice Souter)

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

Filed under: Punch And Jurists, Federal Funds

Sabri v. U.S., No. 03-44 (U.S. Supreme Court) (541 U.S. 600; 124 S.Ct. 1941) (May 17, 2004) (Justice Souter) by The petitioner in this case, Basim Omar Sabri, a real estate developer, was charged with violating 18 U.S.C. § 666(a)(2) for offering three separate bribes to a Minneapolis councilman to …

U.S. v. McBride, No. 02-3931 (6th Cir.) (362 F.3d 360) (March 30, 2004) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. McBride, No. 02-3931 (6th Cir.) (362 F.3d 360) (March 30, 2004) (Judge Ronald Lee Gilman) by This case is noted for its holding that where a sentencing is based largely or solely on an intended loss under U.S.S.G. § 2B1.1, a downward departure may be warranted under the …

U.S. v. DeWitt, No. 03-2779 (8th Cir.) (366 F.3d 667) (April 28, 2004) (Judge Steven M. Colloton)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. DeWitt, No. 03-2779 (8th Cir.) (366 F.3d 667) (April 28, 2004) (Judge Steven M. Colloton) by Following her guilty plea to possessing a listed chemical, knowing or having reasonable cause to believe that it would be used to manufacture methamphetamine, the District Court sentenced defendant. Defendant sought review, …

U.S. v. Stewart, No. 03-1857 (7th Cir.) (361 F.3d 373) (March 16, 2004) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Stewart, No. 03-1857 (7th Cir.) (361 F.3d 373) (March 16, 2004) (Judge William J. Bauer) by The defendant in this case pled guilty to conspiracy to manufacture, distribute, and possess with intent to manufacture and distribute methamphetamine, but asserted that a solution used in producing methamphetamine was improperly …

Bullington v. Missouri, No. 79-6740 (U.S. Supreme Court) (451 U.S. 430; 101 S.Ct. 1852) (May 4, 1981) (Justice Blackmun)

Article • March 28, 2004

Filed under: Sentencing, Punch And Jurists

Bullington v. Missouri, No. 79-6740 (U.S. Supreme Court) (451 U.S. 430; 101 S.Ct. 1852) (May 4, 1981) (Justice Blackmun) by Here a divided Court announced a narrow exception to the general rule that double jeopardy principles have no application in the sentencing context - on the grounds that the Double …

U.S. v. Johnson, No. 98-1696 (U.S. Supreme Court) (529 U.S. 53; 120 S.Ct. 1114) (March 1, 2000) (Justice Kennedy)

Article • March 24, 2004 • from P&J February, 2000

Filed under: Punch And Jurists, Credits

U.S. v. Johnson, No. 98-1696 (U.S. Supreme Court) (529 U.S. 53; 120 S.Ct. 1114) (March 1, 2000) (Justice Kennedy) by For some time now, the Courts of Appeal have been divided on the issue of whether a defendant who serves too much time in prison is entitled to any credit …

White v. Illinois, No. 90-6113 (U.S. Supreme Court) (502 U.S. 346; 112 S.Ct. 736) (January 15, 1992) (Justice Rehnquist)

Article • March 10, 2004

Filed under: Punch And Jurists, Cross-Examination

White v. Illinois, No. 90-6113 (U.S. Supreme Court) (502 U.S. 346; 112 S.Ct. 736) (January 15, 1992) (Justice Rehnquist) by The issue before the Court in this case was whether the Confrontation Clause requires that, before a trial court admits testimony under the "spontaneous declaration" and "medical examination" exceptions to …

Ohio v. Roberts, No. 78-756 (U.S. Supreme Court) (448 U.S. 56; 100 S.Ct. 2531) (June 25, 1980) (Justice Blackmun)

Article • March 8, 2004

Filed under: Punch And Jurists, Declarant Unavailable Exception

Ohio v. Roberts, No. 78-756 (U.S. Supreme Court) (448 U.S. 56; 100 S.Ct. 2531) (June 25, 1980) (Justice Blackmun) by Here the Court held that statements made by individuals who are legally unavailable to testify at trial may be admitted where those statements are sufficiently reliable that confrontation at trial …

Stirone v. U.S., No. 35 (U.S. Supreme Court) (361 U.S. 212; 80 S.Ct. 270) (January 11, 2060) (Justice Black)

Article • March 3, 2004

Filed under: Punch And Jurists, Constructive Amendment/Variances

Stirone v. U.S., No. 35 (U.S. Supreme Court) (361 U.S. 212; 80 S.Ct. 270) (January 11, 2060) (Justice Black) by In this case, the government charged that the defendant violated the Hobbs Act (18 U.S.C. § 1951(a)) by interfering with the transport of sand into Pennsylvania, and the indictment specified …

Nardone v. U.S., No. 190 (U.S. Supreme Court) (302 U.S. 379; 58 S.Ct. 275) (December 20, 2037) (Justice (Owen J.) Roberts)

Article • March 3, 2004

Filed under: Punch And Jurists

Nardone v. U.S., No. 190 (U.S. Supreme Court) (302 U.S. 379; 58 S.Ct. 275) (December 20, 2037) (Justice (Owen J.) Roberts) by Here the Court affirmed a canon of statutory construction which includes the Government within the scope of a general prohibition except where it would deprive the sovereign of …

Nardone v. U.S., No. 240 (U.S. Supreme Court) (308 U.S. 338; 60 S.Ct. 266) (December 11, 2039) (Justice Frankfurter)

Article • March 3, 2004

Filed under: Punch And Jurists, Attenuation Doctrine

Nardone v. U.S., No. 240 (U.S. Supreme Court) (308 U.S. 338; 60 S.Ct. 266) (December 11, 2039) (Justice Frankfurter) by In this case the Court emphasized that "the exclusionary rule reaches not only primary evidence obtained as a direct result of an illegal search or seizure, but also evidence later …

Groh v. Ramirez, No. 02-811 (U.S. Supreme Court) (540 U.S. 551; 124 S.Ct. 1284) (February 24, 2004) (Justice Stevens)

Article • March 2, 2004 • from P&J February, 2004

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

Groh v. Ramirez, No. 02-811 (U.S. Supreme Court) (540 U.S. 551; 124 S.Ct. 1284) (February 24, 2004) (Justice Stevens) by This case began when ATF agent Joseph Groh received a tip that Joseph Ramirez had a stockpile of weapons on his Montana ranch, including machine guns, grenades and rockets. Acting …

U.S. v. Whitmore, No. 03-3022 (D.C. Cir.) (359 F.3d 609) (March 5, 2004) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists

U.S. v. Whitmore, No. 03-3022 (D.C. Cir.) (359 F.3d 609) (March 5, 2004) (Judge Karen LeCraft Henderson) by The defendant in this case, Gerald Whitmore, was convicted at trial of unlawful possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1), and simple possession of a …

U.S. v. Kim, No. 03-11016 (11th Cir.) (364 F.3d 1236) (March 30, 2004) (Judge Susan H. Black)

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

Filed under: Punch And Jurists

U.S. v. Kim, No. 03-11016 (11th Cir.) (364 F.3d 1236) (March 30, 2004) (Judge Susan H. Black) by The United States appealed from the sentences imposed by the United States District Court for the Northern District of Georgia, challenging downward departures given to defendants from the U.S. Sentencing Guidelines Manual, …

Nordyke v. King, No. 99-17551 (9th Cir.) (364 F.3d 1025) (April 5, 2004) (Per Curiam)

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

Filed under: Punch And Jurists

Nordyke v. King, No. 99-17551 (9th Cir.) (364 F.3d 1025) (April 5, 2004) (Per Curiam) by "Our court has erased 10% of the Bill of Rights for 20% of the American people." The U.S. Court of Appeals for the Ninth Circuit today issued an order denying rehearing en banc in …

U.S. v. Gould, No. 02-30629 (5th Cir.) (364 F.3d 578) (March 24, 2004) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Searches - Protective Sweep

U.S. v. Gould, No. 02-30629 (5th Cir.) (364 F.3d 578) (March 24, 2004) (Judge Will L. Garwood) by Here, reversing a prior ruling reported at 326 F.3d 651 (5th Cir. 2003), as well as established Fifth Circuit precedent dating back to 1993, and reinterpreting its analysis of the Supreme Court’s …

Evans v. Zebulon, No. 02-16424 (11th Cir.) (364 F.3d 1298) (March 31, 2004) (Per Curiam)

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

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

Evans v. Zebulon, No. 02-16424 (11th Cir.) (364 F.3d 1298) (March 31, 2004) (Per Curiam) by This case started when two Black students from the Georgia Southern University were stopped for speeding while driving in Georgia. They were brought to a police station in the City of Zebulon, where police …