Search | Punch and Jurists

U.S. v. Mitrione, No. 02-4222 (7th Cir.) (357 F.3d 712) (February 9, 2004) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Mitrione, No. 02-4222 (7th Cir.) (357 F.3d 712) (February 9, 2004) (Judge Terrence T. Evans) by The two defendants in this case, a psychiatrist and his office manager, were convicted at trial on 10 of 14 counts of Medicare and Medicaid fraud. After the verdict, they filed a …

U.S. v. Hammond, No. 01-5358 (6th Cir.) (351 F.3d 765) (December 15, 2003) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Hammond, No. 01-5358 (6th Cir.) (351 F.3d 765) (December 15, 2003) (Judge Danny J. Boggs) by After the United States District Court for the Eastern District of Kentucky at London denied defendant's motions to suppress and dismiss, defendant pled guilty to, inter alia, possessing firearms in relation to …

U.S. v. Thurston, No. 02-1966 (1st Cir.) (358 F.3d 51) (February 4, 2004) (Judge Gerard E. Lynch)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Thurston, No. 02-1966 (1st Cir.) (358 F.3d 51) (February 4, 2004) (Judge Gerard E. Lynch) by Here the Court totally ignored Judge Harrington's prior and highly vocal decision to recuse himself from a prior remand; and decided to replace its earlier decision with this amended (and somewhat softer) …

Medberry v. Crosby, No. 02-11072 (11th Cir.) (351 F.3d 1049) (November 25, 2003) (Judge Susan H. Black)

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

Filed under: Punch And Jurists, Jurisdiction

Medberry v. Crosby, No. 02-11072 (11th Cir.) (351 F.3d 1049) (November 25, 2003) (Judge Susan H. Black) by In its exhaustive review of the current habeas and post-conviction law, the Court stated in part: "The writ of habeas corpus is a single post-conviction remedy principally governed by two different statutes. …

U.S. v. Gonczy, No. 02-2399 (1st Cir.) (357 F.3d 50) (February 2, 2004) (Judge Juan R. Torruella)

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

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

U.S. v. Gonczy, No. 02-2399 (1st Cir.) (357 F.3d 50) (February 2, 2004) (Judge Juan R. Torruella) by Here the Court vacated a sentence after finding that the prosecutor paid lip service to its obligation to recommend a sentence at the low end of the Guideline range, while at the …

ABC, Inc. v. Stewart, No. 04-0220-CR (2nd Cir.) (360 F.3d 90) (February 18, 2004) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Access To Courts

ABC, Inc. v. Stewart, No. 04-0220-CR (2nd Cir.) (360 F.3d 90) (February 18, 2004) (Judge Robert A. Katzmann) by Here the Court held that the district court violated the media’s First Amendment rights of access to the courts when it excluded the media from the voire dire jury selection aspects …

U.S. v. Moore, No. 03-CR-11 (E.D.Wisc.) (288 F.Supp.2d 955) (October 17, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Qualifying Offenses

U.S. v. Moore, No. 03-CR-11 (E.D.Wisc.) (288 F.Supp.2d 955) (October 17, 2003) (Judge Lynn S. Adelman) by In this decision, Judge Adelman firmly rejected the Probation Department’s efforts to increase the defendant’s sentence by adding one criminal history point for a 1998 conviction for loitering - on the grounds that …

U.S. v. Crayton, No. 02-5738 (6th Cir.) (357 F.3d 560) (February 5, 2004) (Judge John M. Rogers)

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

Filed under: Punch And Jurists, Rule of Consistency

U.S. v. Crayton, No. 02-5738 (6th Cir.) (357 F.3d 560) (February 5, 2004) (Judge John M. Rogers) by This case is noted for its detailed discussion of the “rule of consistency” (which held that one co-conspirator could not be convicted if all other co-conspirators are acquitted at the same trial) …

U.S. v. Phillips, No. 02-30035 (9th Cir.) (367 F.3d 846) (January 28, 2004) (Judge Thomas G. Nelson)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Phillips, No. 02-30035 (9th Cir.) (367 F.3d 846) (January 28, 2004) (Judge Thomas G. Nelson) by In this case, the Ninth Circuit joined with the Fifth, Seventh, Eighth and Eleventh Circuits in holding that the Feeney Amendment, which was enacted as part of the so called “PROTECT Act …

Alaniz v. U.S., No. 02-2575 (8th Cir.) (351 F.3d 365) (December 9, 2003) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Statutory Maximum

Alaniz v. U.S., No. 02-2575 (8th Cir.) (351 F.3d 365) (December 9, 2003) (Judge David R. Hansen) by Here, as a matter of first impression for the Eighth Circuit, the Court joined with the Second, Fourth, Sixth and Seventh Circuits in holding that a second, uncharged drug type cannot be …

U.S. v. Bailey, No. 601CV875ORL22KRS (M.D.Fla.) (288 F.Supp.2d 1261) (October 22, 2003) (Judge Anne C. Conway)

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

Filed under: Punch And Jurists

U.S. v. Bailey, No. 601CV875ORL22KRS (M.D.Fla.) (288 F.Supp.2d 1261) (October 22, 2003) (Judge Anne C. Conway) by Plaintiff United States sued defendant attorney, alleging conversion and civil theft. The court granted the government's motion for summary judgment. The attorney sought reconsideration of the grant of summary judgment on the conversion …

U.S. v. Chapman, No. 03-1490 (8th Cir.) (356 F.3d 843) (January 21, 2004) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Extraordinary Rehabilitation

U.S. v. Chapman, No. 03-1490 (8th Cir.) (356 F.3d 843) (January 21, 2004) (Judge Morris Sheppard Arnold) by Here the Court categorically held that a district court may grant a downward departure in cases where the defendant has exhibited truly exceptional rehabilitation, even when the defendant does not accept responsibility …

U.S. v. Maslin, No. 02-1648 (2nd Cir.) (356 F.3d 191) (January 13, 2004) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists

U.S. v. Maslin, No. 02-1648 (2nd Cir.) (356 F.3d 191) (January 13, 2004) (Judge Jed S. Rakoff) by Here, shortly after the defendant was indicted in Binghamton, NY for conspiracy to distribute marijuana, he was indicted again by another grand jury in Albany, NY on another charge of a drug …

U.S. v. Rivera, No. CRIM. 02-376-A (E.D.Va.) (292 F.Supp.2d 823) (November 13, 2003) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Jury Consultant

U.S. v. Rivera, No. CRIM. 02-376-A (E.D.Va.) (292 F.Supp.2d 823) (November 13, 2003) (Judge Thomas Selby III Ellis) by In a federal prosecution of defendants for murder and conspiracy to murder, in violation of 18 U.S.C. §§ 2, 1111, and 1117, defendants jointly, by counsel, filed an ex parte and …

U.S. v. Joyce, No. 02-30423 (9th Cir.) (357 F.3d 921) (February 3, 2004) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists

U.S. v. Joyce, No. 02-30423 (9th Cir.) (357 F.3d 921) (February 3, 2004) (Judge Richard C. Tallman) by This is an interesting decision because it highlights the gradual - but now quite pronounced - erosion of the concept of valid “waivers” of legal rights in the American criminal justice system. …

U.S. v. Craven, No. 02-1706 (1st Cir.) (358 F.3d 11) (February 6, 2004) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Extraordinary Rehabilitation

U.S. v. Craven, No. 02-1706 (1st Cir.) (358 F.3d 11) (February 6, 2004) (Judge Jeffrey R. Howard) by Defendant's refraining from drug use and drug sales for a period of nearly two years prior to his arrest did not constitute "extraordinary rehabilitation," particularly in light of his disruptive and sometimes …

U.S. v. Allen, No. 98-2549 (8th Cir.) (357 F.3d 745) (February 2, 2004) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Allen, No. 98-2549 (8th Cir.) (357 F.3d 745) (February 2, 2004) (Judge Michael J. Melloy) by On remand from the Supreme Court in light of its holdings in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 534 (2002), defendant appealed the judgment …

U.S. v. Velez, No. 02-1766 (2nd Cir.) (354 F.3d 190) (January 13, 2004) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Velez, No. 02-1766 (2nd Cir.) (354 F.3d 190) (January 13, 2004) (Judge Jose A. Cabranes) by This decision represents the latest rejection by the courts of the frequent challenges by criminal defendants to the admissibility and use at trial of statements made by such defendants during plea bargain …

In Re: Ellis, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Charging Decisions

In Re: Ellis, No. 01-70724 (9th Cir.) (356 F.3d 1198) (February 4, 2004) (Judge Kim McLane Wardlaw) by Judge Kozinski, who wrote one of the several concurring opinions in this lengthy en banc decision, described the remarkably different views of the judges in this case about the issue before the …

U.S. v. Bordon, No. 98-0427-CR-King (S.D.Fla.) (300 F.Supp.2d 1288) (January 23, 2004) (Judge James Lawrence King)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Bordon, No. 98-0427-CR-King (S.D.Fla.) (300 F.Supp.2d 1288) (January 23, 2004) (Judge James Lawrence King) by Here the Court rejected a series of constitutional challenges to the Feeney Amendment, including challenges that its retroactive use violates the ex post facto clause and that the new law violates the separation …