Search | Punch and Jurists

Steele v. Murphy, No. 02-2213 (1st Cir.) (365 F.3d 14) (April 12, 2004) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Collateral and Direct Consequences

Steele v. Murphy, No. 02-2213 (1st Cir.) (365 F.3d 14) (April 12, 2004) (Judge Juan R. Torruella) by Petitioner inmate appealed a judgment of the United States District Court for the District of Massachusetts, which denied his petition for a writ of habeas corpus. Two years after the inmate pleaded …

U.S. v. Kelley, No. 02-10286-MLWC (D.Mass.) (300 F.Supp.2d 224) (March 7, 2003) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Kelley, No. 02-10286-MLWC (D.Mass.) (300 F.Supp.2d 224) (March 7, 2003) (Judge Mark L. Wolf) by This case is noted both as a rare example of a dismissal (albeit without prejudice) of a Federal prosecution for a violation of the anti-shuttling provisions of the complex Interstate Compact on Detainers …

U.S. v. Haywood, No. 01-4086 (3rd Cir.) (363 F.3d 200) (April 8, 2004) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Haywood, No. 01-4086 (3rd Cir.) (363 F.3d 200) (April 8, 2004) (Judge Theodore A. McKee) by Stating that, based on the trial record, “only rank conjecture supports a conclusion that [the defendant] knew or should have known” that the bar he robbed was within 1,000 feet of a …

Clement v. Calif. Dept. of Corrections, No. 03-15006 (9th Cir.) (364 F.3d 1148) (April 20, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Prison Mail

Clement v. Calif. Dept. of Corrections, No. 03-15006 (9th Cir.) (364 F.3d 1148) (April 20, 2004) (Per Curiam) by Here, citing the First Amendment, the Ninth Circuit struck down a California state prison rule that barred inmates from receiving mail that contained downloads from the Internet. The Court concluded that …

U.S. v. Mateo, No. 02 CR. 668 (VM) (S.D.N.Y.) (299 F.Supp.2d 201) (January 9, 2004) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Prison Conditions

U.S. v. Mateo, No. 02 CR. 668 (VM) (S.D.N.Y.) (299 F.Supp.2d 201) (January 9, 2004) (Judge Victor Marrero) by This case is noted for its comprehensive review of the law on the propriety of granting downward departures based on unusually harsh conditions of pretrial confinement - here forcing a pregnant …

U.S. v. Biheiri, No. CRIM.A. 03-365-A (E.D.Va.) (299 F.Supp.2d 590) (February 21, 2004) (Judge Thomas Selby III Ellis)

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

Filed under: Terrorism, Punch And Jurists

U.S. v. Biheiri, No. CRIM.A. 03-365-A (E.D.Va.) (299 F.Supp.2d 590) (February 21, 2004) (Judge Thomas Selby III Ellis) by More and more it seems as if the Government has decided to use the 12-level terrorism enhancement contained in U.S.S.G. § 3A1.4 in every case involving an Arab or Muslim defendant …

U.S. v. Fastow, No. CRIM.A.H.-03-150 (S.D.Tex.) (300 F.Supp.2d 479) (January 27, 2004) (Judge David Hittner)

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

Filed under: Punch And Jurists

U.S. v. Fastow, No. CRIM.A.H.-03-150 (S.D.Tex.) (300 F.Supp.2d 479) (January 27, 2004) (Judge David Hittner) by The United States filed a motion, pursuant to Fed. R. Crim. P. 48 and in accordance with a plea agreement with defendant, to dismiss counts 1 through 5 of an indictment filed against defendant. …

U.S. v. Rivera, No. 02-3067 (3rd Cir.) (357 F.3d 290) (February 9, 2004) (Judge Louis F. Oberdorfer)

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

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

U.S. v. Rivera, No. 02-3067 (3rd Cir.) (357 F.3d 290) (February 9, 2004) (Judge Louis F. Oberdorfer) by Appellant inmate challenged the judgment of the United States District Court for the District of New Jersey sentencing him 324 months in prison after applying a four-level increase in his offense level …

U.S. v. Liang, No. 02-10549 (9th Cir.) (362 F.3d 1200) (March 31, 2004) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Special Skills

U.S. v. Liang, No. 02-10549 (9th Cir.) (362 F.3d 1200) (March 31, 2004) (Judge Diarmuid F. O'Scannlain) by Here the Court reversed a 2-level "special skills" enhancement under USSG § 3B1.3, holding that the district court erred in holding that a card shark's "extraordinary eyesight" which enabled him to peek …

U.S. v. Jaeger, No. 02-00550 (D.Hawai'I) (298 F.Supp.2d 1003) (April 4, 2003) (Judge Alan Cooke Kay)

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

Filed under: Punch And Jurists, Mug Shots

U.S. v. Jaeger, No. 02-00550 (D.Hawai'I) (298 F.Supp.2d 1003) (April 4, 2003) (Judge Alan Cooke Kay) by This case is noted principally for its discussion of the law on the topic of whether the Government may offer into evidence mug shots of the defendant; most courts have held that it …

U.S. v. Yahnke, No. CR 03-0022-MWB (N.D.Iowa) (297 F.Supp.2d 1173) (December 23, 2003) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Recidivism

U.S. v. Yahnke, No. CR 03-0022-MWB (N.D.Iowa) (297 F.Supp.2d 1173) (December 23, 2003) (Judge Mark W. Bennett) by Defendant pled guilty to maintaining a drug establishment in violation of 21 U.S.C. § 856. The court gave notice of its intent to depart upward under U.S. Sentencing Guidelines Manual § 4A1.3 …

Harris v. Senkowski, No. 96 CV 2231(FB) (E.D.N.Y.) (298 F.Supp.2d 320) (January 8, 2004) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Identification Documents/Evidence

Harris v. Senkowski, No. 96 CV 2231(FB) (E.D.N.Y.) (298 F.Supp.2d 320) (January 8, 2004) (Judge Frederic Block) by Petitioner inmate filed a petition for habeas corpus relief pursuant to 28 U.S.C.S. § 2254, challenging his state court robbery conviction, for which he was serving a term of 15 years to …

In Re Habeas Corpus Cases, No. 03-MISC-0066 (JBW) (E.D.N.Y.) (298 F.Supp.2d 303) (December 11, 2003) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

In Re Habeas Corpus Cases, No. 03-MISC-0066 (JBW) (E.D.N.Y.) (298 F.Supp.2d 303) (December 11, 2003) (Judge Jack B. Weinstein) by This is Judge Weinstein’s final Report on his disposition of 500 habeas cases that were assigned to him, after it was determined that many of those cases had been languishing …

U.S. v. Cintron-Fernandez, No. 03-1104 (1st Cir.) (356 F.3d 340) (February 3, 2004) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists

U.S. v. Cintron-Fernandez, No. 03-1104 (1st Cir.) (356 F.3d 340) (February 3, 2004) (Judge Levin H. Campbell) by This case involves an interpretation of the term “imprisonment” for purposes of U.S.S.G. § 5C1.1(d)(2), which permits split sentences in cases where the applicable Guideline range falls within Zone C of the …

Ellis v. U.S. Dist. Court, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Acceptance/Rejection by the Court

Ellis v. U.S. Dist. Court, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw) by Here the majority held that "the acceptance of a criminal defendant's guilty plea is a judicial act distinct from the acceptance of the plea agreement itself. Once the district court …

Coalition for Government Procurement v. Federal Prison Industries, Inc., No. 01-2231 (6th Cir.) (365 F.3d 435) (April 12, 2004) (Judge Peter C. Economus)

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

Filed under: Punch And Jurists, UNICOR

Coalition for Government Procurement v. Federal Prison Industries, Inc., No. 01-2231 (6th Cir.) (365 F.3d 435) (April 12, 2004) (Judge Peter C. Economus) by In this case the Sixth Circuit found that a group of furniture makers had failed to demonstrate that they were significantly harmed when federal prison furniture …

U.S. v. Parker, No. 03-4119 (10th Cir.) (362 F.3d 1279) (March 24, 2004) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists

U.S. v. Parker, No. 03-4119 (10th Cir.) (362 F.3d 1279) (March 24, 2004) (Judge Mary Beck Briscoe) by In its decision, the Tenth Circuit reafirmed its prior decisions holding that to prevail on a Second Amendment challenge, a party must show that possession of a firearm is in connection with …

U.S. v. Greathouse, No. CR No. 02-476 (D.Or.) (297 F.Supp.2d 1264) (October 20, 2003) (Judge Garr M. King)

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

Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet

U.S. v. Greathouse, No. CR No. 02-476 (D.Or.) (297 F.Supp.2d 1264) (October 20, 2003) (Judge Garr M. King) by

U.S. v. Nunemacher, No. 02-3380 (10th Cir.) (362 F.3d 682) (March 30, 2004) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Nunemacher, No. 02-3380 (10th Cir.) (362 F.3d 682) (March 30, 2004) (Judge Monroe G. McKay) by This case says a lot about the priorities of and use of resources by the FBI; and the unforgiving nature of our child pornography laws. The defendant in this case, a sophomore …

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (365 F.3d 292) (April 22, 2004) (Judge William W. Jr. Wilkins)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Moussaoui, No. 03-4792 (4th Cir.) (365 F.3d 292) (April 22, 2004) (Judge William W. Jr. Wilkins) by Here the Fourth Circuit overturned a series of sanctions that Judge Brinkema had imposed in this case, due to the Government's refusal, on national security gounds, to give the defedant access …