Search | Punch and Jurists

U.S. v. Howard, No. 02-1024 (7th Cir.) (352 F.3d 332) (December 12, 2003) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Howard, No. 02-1024 (7th Cir.) (352 F.3d 332) (December 12, 2003) (Judge Kenneth F. Ripple) by U.S. v. Howard, 352 F.3d 332 (7th Cir. 2003) (Judge Ripple) U.S. v. Alcala, 352 F.3d 1153 (7th Cir. 2003) (Judge Ripple) These two cases addressed some of the highly complex sentencing …

U.S. v. Thomas, No. 02-10409 (9th Cir.) (355 F.3d 1191) (January 26, 2004) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Thomas, No. 02-10409 (9th Cir.) (355 F.3d 1191) (January 26, 2004) (Judge A. Wallace Tashima) by Here the Court vacated a sentence after finding that the district court had erred in ruling that the defendant’s guilty plea necessarily admitted the drug quantity that was alleged in the indictment. …

U.S. v. Saucedo-Patino, No. 03-10946 (11th Cir.) (358 F.3d 790) (January 27, 2004) (Judge Susan H. Black)

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

Filed under: Retroactivity, Punch And Jurists

U.S. v. Saucedo-Patino, No. 03-10946 (11th Cir.) (358 F.3d 790) (January 27, 2004) (Judge Susan H. Black) by In the instant case the appellant was convicted and sentenced for his illegal re-entry after deportation pursuant to 8 U.S.C. §§ 1326(a)(2) and (b)(2). As a result of his previously deportation for …

U.S. v. Stolba, No. 03-1817 (8th Cir.) (357 F.3d 850) (February 10, 2004) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Official Investigation

U.S. v. Stolba, No. 03-1817 (8th Cir.) (357 F.3d 850) (February 10, 2004) (Judge Morris Sheppard Arnold) by Here the Court held that an upward departure for obstruction of justice under U.S.S.G. § 3C1.1 (which mandates a two-level enhancement if the defendant willfully obstructs or impedes the administration of justice …

Handschu v. Special Services Div., No. 71 Civ. 2203 (SCH) (S.D.N.Y.) (288 F.Supp.2d 411) (August 6, 2003) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Handschu v. Special Services Div., No. 71 Civ. 2203 (SCH) (S.D.N.Y.) (288 F.Supp.2d 411) (August 6, 2003) (Judge Charles S. Jr. Haight) by Plaintiffs, certified class, filed a class action against defendants, New York Police Department (NYPD) and its officials. The court granted the NYPD's motion to modify its guidelines …

Ly v. Hansen, No. 01-3016 (6th Cir.) (351 F.3d 263) (November 26, 2003) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Limitations on Period of Detention

Ly v. Hansen, No. 01-3016 (6th Cir.) (351 F.3d 263) (November 26, 2003) (Judge Danny J. Boggs) by Appellants, federal government officials (Government), sought review of a judgment from the United States District Court for the Northern District of Ohio at Cleveland, which granted habeas corpus relief to appellee, a …

Manning v. Miller, No. 03-1762 (7th Cir.) (355 F.3d 1028) (January 21, 2004) (Judge William J. Bauer)

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

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

Manning v. Miller, No. 03-1762 (7th Cir.) (355 F.3d 1028) (January 21, 2004) (Judge William J. Bauer) by Here the Court held that the defendant FBI agents who were accused of “framing” the defendant are not entitled to qualified immunity in a civil rights suit for damages because, prior to …

Pulinario v. Goord, No. 02-CV-3681 (E.D.N.Y.) (291 F.Supp.2d 154) (October 30, 2003) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

Pulinario v. Goord, No. 02-CV-3681 (E.D.N.Y.) (291 F.Supp.2d 154) (October 30, 2003) (Judge Jack B. Weinstein) by

U.S. v. Peveler, No. 02-5778 (6th Cir.) (359 F.3d 369) (February 6, 2004) (Judge William J. Jr. Haynes)

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

Filed under: Punch And Jurists

U.S. v. Peveler, No. 02-5778 (6th Cir.) (359 F.3d 369) (February 6, 2004) (Judge William J. Jr. Haynes) by One of the few chances that a Federal inmate has to obtain post-sentencing relief occurs when the Sentencing Commission enacts a retroactive amendment to the Guidelines in accordance with the provisions …

U.S. v. Rose, No. 02-5163 (6th Cir.) (357 F.3d 615) (February 11, 2004) (Judge Karen Nelson Moore)

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

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

U.S. v. Rose, No. 02-5163 (6th Cir.) (357 F.3d 615) (February 11, 2004) (Judge Karen Nelson Moore) by The defendant in this case pled guilty to selling a pound of methamphetamine to an undercover agent and to agreeing to sell him two pounds in the future, and he was sentenced …

Zucker v. Menifee, No. 03 Civ. 10077 (RJH) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 724) (January 21, 2004) (Judge Richard J. Holwell)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

Zucker v. Menifee, No. 03 Civ. 10077 (RJH) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 724) (January 21, 2004) (Judge Richard J. Holwell) by In December, 2002, the Federal Bureau of Prisons (BOP) announced that it was changing its long-standing policy regarding the placement of inmates in halfway houses (or, as they …

U.S. v. Albinson, No. 01-1265 (3rd Cir.) (356 F.3d 278) (January 27, 2004) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Albinson, No. 01-1265 (3rd Cir.) (356 F.3d 278) (January 27, 2004) (Judge Anthony J. Scirica) by After the Appellant was arrested for the unauthorized sale of United States property in violation of 18 U.S.C. § 641, certain property was seized from his garage and resodence, pursuant to a …

U.S. v. Gibson, No. 02-2051 (7th Cir.) (356 F.3d 761) (January 28, 2004) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Statutory Maximum

U.S. v. Gibson, No. 02-2051 (7th Cir.) (356 F.3d 761) (January 28, 2004) (Judge Michael S. Kanne) by In July of 1999, James Gibson, the defendant in this case, was indicted on eight counts stemming from his activities as owner and president of a company engaged in the sale of …

U.S. v. Doe, No. 02-50445 (9th Cir.) (351 F.3d 929) (December 9, 2003) (Judge James C. Mahan)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Doe, No. 02-50445 (9th Cir.) (351 F.3d 929) (December 9, 2003) (Judge James C. Mahan) by This case addresses the scope of permissible factors that may be considered by a court in deciding whether to grant a Government motion to reduce a sentence pursuant to Rule 35(b) of …

U.S. v. Aisenberg, No. 03-10857 (11th Cir.) (358 F.3d 1327) (February 6, 2004) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Aisenberg, No. 03-10857 (11th Cir.) (358 F.3d 1327) (February 6, 2004) (Judge Frank May Hull) by Here the Court reduced by a significant amount a record setting award of legal fees under the Hyde Amendment, finding, inter alia, that the district court had erred by not limiting the …

U.S. v. Alcala, No. 02-2283 (7th Cir.) (352 F.3d 1153) (December 9, 2003) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Alcala, No. 02-2283 (7th Cir.) (352 F.3d 1153) (December 9, 2003) (Judge Kenneth F. Ripple) by U.S. v. Howard, 352 F.3d 332 (7th Cir. 2003) (Judge Ripple) U.S. v. Alcala, 352 F.3d 1153 (7th Cir. 2003) (Judge Ripple) These two cases addressed some of the highly complex sentencing …

Wilson v. Czerniak, No. 02-36121 (9th Cir.) (355 F.3d 1151) (January 20, 2004) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists

Wilson v. Czerniak, No. 02-36121 (9th Cir.) (355 F.3d 1151) (January 20, 2004) (Judge Warren J. Ferguson) by Here a divided panel held that the Double Jeopardy Clause prohibited the retrial of the prisoner/defendant on charges of aggravated felony murder, since he had previously been acquitted of the lesser included …

Florida v. Wells, No. 88-1835 (U.S. Supreme Court) (495 U.S. 1; 110 S.Ct. 1632) (April 18, 1990) (Justice Rehnquist)

Article • December 29, 2003

Filed under: Punch And Jurists, Searches - Containers/Luggage

Florida v. Wells, No. 88-1835 (U.S. Supreme Court) (495 U.S. 1; 110 S.Ct. 1632) (April 18, 1990) (Justice Rehnquist) by Here the Court held that standardized criteria must regulate the inventory procedures such as opening closed containers found during inventory searches; and that such searches must not be used as …

Maryland v. Pringle, No. 02-809 (U.S. Supreme Court) (540 U.S. 366; 124 S.Ct. 795) (December 15, 2003) (Justice Rehnquist)

Article • December 20, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Probable/Proximate Cause

Maryland v. Pringle, No. 02-809 (U.S. Supreme Court) (540 U.S. 366; 124 S.Ct. 795) (December 15, 2003) (Justice Rehnquist) by In this search and seizure case, the Supreme Court held that the police had constitutional authority to arrest all three occupants of a car they had stopped for speeding, after …

Castro v. U.S., No. 02-6683 (U.S. Supreme Court) (540 U.S. 375; 124 S.Ct. 786) (December 15, 2003) (Justice Breyer)

Article • December 20, 2003 • from P&J November, 2003

Filed under: Punch And Jurists

Castro v. U.S., No. 02-6683 (U.S. Supreme Court) (540 U.S. 375; 124 S.Ct. 786) (December 15, 2003) (Justice Breyer) by Here the Court held that if a district court “recharacterizes” an inmate’s pro se filing into a § 2255 motion, without warning him that one likely effect of such a …