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Nasir v. Morgan, No. 01-2519 (3rd Cir.) (350 F.3d 366) (November 25, 2034) (Judge Joseph E. Irenas)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Prison Mail

Nasir v. Morgan, No. 01-2519 (3rd Cir.) (350 F.3d 366) (November 25, 2034) (Judge Joseph E. Irenas) by This case is noted for its discussion and reconciliation of the Supreme Court's leading cases on restrictions on prison mail - Procunier v. Martinez, 416 U.S. 396 (1974), Turner v. Safley, 482 …

Illinois v. Lidster, No. 02-1060 (U.S. Supreme Court) (540 U.S. 419; 124 S.Ct. 885) (January 13, 2004) (Justice Breyer)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Illinois v. Lidster, No. 02-1060 (U.S. Supreme Court) (540 U.S. 419; 124 S.Ct. 885) (January 13, 2004) (Justice Breyer) by Here a divided Court upheld as constitutionally reasonable the use of random roadblocks set up by the police as an investigational tool for the purpose of seeking information about a …

U.S. v. Thurston, No. CR. 98-10026-EFH (D.Mass.) (286 F.Supp.2d 70) (October 2, 2003) (Judge Edward F. Harrington)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists

U.S. v. Thurston, No. CR. 98-10026-EFH (D.Mass.) (286 F.Supp.2d 70) (October 2, 2003) (Judge Edward F. Harrington) by Here, Judge Harrington recused himself from a remanded resentencing rather than impose the sentence ordered by the First Circuit and mandated by the Feeney Amendment, stating that some of the critical goals …

U.S. v. Conley, No. 02-20889 (5th Cir.) (349 F.3d 837) (October 30, 2003) (Judge E. Grady Jolly)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Conley, No. 02-20889 (5th Cir.) (349 F.3d 837) (October 30, 2003) (Judge E. Grady Jolly) by In this case the defendant challenged the decision entered by the District Court for the Southern District of Texas that convicted him of conspiracy and mail fraud, and sentenced him to 121 …

U.S. v. Colon-Solis, No. 01-1773 (1st Cir.) (354 F.3d 101) (January 8, 2004) (Judge Bruce M. Selya)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Co-conspirator/Accomplice liability

U.S. v. Colon-Solis, No. 01-1773 (1st Cir.) (354 F.3d 101) (January 8, 2004) (Judge Bruce M. Selya) by Here the Court held that, when imposing a mandatory minimum sentence on individual defendants in a drug conspiracy case, it is error to automatically attribute to each defendant the quantity of drugs …

U.S. v. Mendoza, No. CR 03-730 DT (C.D.Cal.) (2004 U.S. Dist. LEXIS 1449) (January 12, 2004) (Judge Dickran M. Jr. Tevrizian)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Mendoza, No. CR 03-730 DT (C.D.Cal.) (2004 U.S. Dist. LEXIS 1449) (January 12, 2004) (Judge Dickran M. Jr. Tevrizian) by Here the court declared a portion of the Feeney Amendment unconstitutional on the grounds that the provisions of that law requiring a report be given to Congress of …

U.S. v. McCullough, No. 02-3285 (7th Cir.) (348 F.3d 620) (October 20, 2003) (Judge William J. Bauer)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists

U.S. v. McCullough, No. 02-3285 (7th Cir.) (348 F.3d 620) (October 20, 2003) (Judge William J. Bauer) by The defendant appealed his conviction under 18 U.S.C. §§ 922(b)(5), 922(a)(1)(A), 924(a)(1)(D) after the district court denied his request for a jury instruction that a recordkeeping offense under 18 U.S.C. § 922(m) …

Brown v. Keane, No. 02-2703 (2nd Cir.) (355 F.3d 82) (January 8, 2004) (Judge Pierre N. Leval)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Present Sense Impression

Brown v. Keane, No. 02-2703 (2nd Cir.) (355 F.3d 82) (January 8, 2004) (Judge Pierre N. Leval) by Here the Court reversed Judge Kaplan's decision reported at 229 F.Supp.2d 298 in which he ruled that a 911 call was admissible into evidence as a "present sense impression" exception to the …

U.S. v. Cranley, No. 03-1908 (7th Cir.) (350 F.3d 617) (November 19, 2003) (Judge Richard A. Posner)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Cranley, No. 03-1908 (7th Cir.) (350 F.3d 617) (November 19, 2003) (Judge Richard A. Posner) by After the defendant in this case was charged with federal firearms-related offenses, the District Court for the Eastern District of Wisconsin granted his motion to suppress his confession that he had given …

People's Mojahedin Org. of Iran v. Dept. of State, No. 01-1465 (D.C. Cir.) (327 F.3d 1238) (May 9, 2003) (Judge David B. Sentelle)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Constitutional Challenges/Claims

People's Mojahedin Org. of Iran v. Dept. of State, No. 01-1465 (D.C. Cir.) (327 F.3d 1238) (May 9, 2003) (Judge David B. Sentelle) by Petitioner foreign organization sought review of the decisions of respondent Secretary of State designating the organization as a foreign terrorist organization pursuant to 8 U.S.C. § …

U.S. v. Bennett, No. 01-8101 (10th Cir.) (329 F.3d 769) (May 22, 2003) (Judge Wade Brorby)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Unlawful User

U.S. v. Bennett, No. 01-8101 (10th Cir.) (329 F.3d 769) (May 22, 2003) (Judge Wade Brorby) by After pleading guilty to possessing a firearm silencer under 26 U.S.C. §§ 5841, 5845, 5861(d), 5871, the United States District Court for the District of Wyoming sentenced defendant to 37 months in prison …

U.S. v. Lauersen, No. 01-1526(L) (2nd Cir.) (348 F.3d 329) (September 15, 2003) (Judge Jon O. Newman)

Article • December 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Substantially Overlapping Enhancements

U.S. v. Lauersen, No. 01-1526(L) (2nd Cir.) (348 F.3d 329) (September 15, 2003) (Judge Jon O. Newman) by Here the Court suggested that an accumulation of substantially overlapping sentencing enhancements can constitute a valid basis for a downward departure, even if the enhancements themselves do not constitute impermissible double counting. …

Collins v. Rice, No. 01-56958 (9th Cir.) (348 F.3d 1082) (November 7, 2003) (Judge Richard A. Paez)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Batson Claims

Collins v. Rice, No. 01-56958 (9th Cir.) (348 F.3d 1082) (November 7, 2003) (Judge Richard A. Paez) by Here a divided panel granted habeas relief to the petitioner, finding that there was clear and convincing evidence that the state prosecutor’s stated concern over a potential juror’s youthful age was a …

U.S. v. Moussaoui, No. Crim. 01-455-A (E.D.Va.) (282 F.Supp.2d 480) (October 2, 2003) (Judge Leonie M. Brinkema)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Sanctions, Punch And Jurists

U.S. v. Moussaoui, No. Crim. 01-455-A (E.D.Va.) (282 F.Supp.2d 480) (October 2, 2003) (Judge Leonie M. Brinkema) by In this latest episode of the long-running test of wills between Judge Brinkema and Attorney General Ashcroft, the Court held that the Government's refusal to comply with her earlier orders required, as …

U.S. v. Stewart, No. 02-10318 (9th Cir.) (348 F.3d 1132) (November 13, 2003) (Judge Alex Kozinski)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Homemade Gun

U.S. v. Stewart, No. 02-10318 (9th Cir.) (348 F.3d 1132) (November 13, 2003) (Judge Alex Kozinski) by Here the Court held that held that Congress could not, under the Commerce Clause, prohibit the mere possession of a homemade machine gun and it thus vacated the defendant's conviction under 18 USC …

U.S. v. Silveira, No. Crim. No. 01-10385-NG (D.Mass.) (297 F.Supp.2d 349) (November 19, 2003) (Judge Nancy Gertner)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Silveira, No. Crim. No. 01-10385-NG (D.Mass.) (297 F.Supp.2d 349) (November 19, 2003) (Judge Nancy Gertner) by With her typical thoroughness and perspicacity, Judge Gertner explained why she first imposed a sentencing enhancement for obstruction of justice pursuant to U.S.S.G. § 3C1.1 based on the defendant’s perjury at trial, …

U.S. v. Dyck, No. Crim. No. C2-02-45 (D.N.D.) (287 F.Supp.2d 1016) (October 16, 2003) (Judge Rodney S. Webb)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists

U.S. v. Dyck, No. Crim. No. C2-02-45 (D.N.D.) (287 F.Supp.2d 1016) (October 16, 2003) (Judge Rodney S. Webb) by Here the Court issued an impassioned “dissent” in which it argued that there was “no just reason” for the sentence it was ordered to impose on remand; and to conplain that …

U.S. v. Malik, No. 02 CR 972 (N.D.Ill.) (282 F.Supp.2d 833) (July 1, 2003) (Judge Milton I. Shadur)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Statutory Index

U.S. v. Malik, No. 02 CR 972 (N.D.Ill.) (282 F.Supp.2d 833) (July 1, 2003) (Judge Milton I. Shadur) by Here the Court rejected, as clearly inappropriate, the automatic and mechanistic application of USSG § 2G2.2 to all the child pornography crimes covered in 18 USC § 2252A, holding that some …

Shaw v. Terhune, No. 02-16829 (9th Cir.) (353 F.3d 697) (December 22, 2003) (Judge Cynthia Holcomb Hall)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists

Shaw v. Terhune, No. 02-16829 (9th Cir.) (353 F.3d 697) (December 22, 2003) (Judge Cynthia Holcomb Hall) by Here a divided panel held that, while it might be "stunningly dishonorable and outright deplorable" for prosecutors to convict two people for the same crime when they knew only one person committed …

In Re Sealed Case, No. 02-3081 (D.C. Cir.) (350 F.3d 113) (December 5, 2003) (Judge Karen LeCraft Henderson)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists

In Re Sealed Case, No. 02-3081 (D.C. Cir.) (350 F.3d 113) (December 5, 2003) (Judge Karen LeCraft Henderson) by One of the issues before the Court in this case was a question of first impression for the D.C. Circuit - namely, whether a sentencing court may properly consider evidence of …