Search | Punch and Jurists

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 942) (April 3, 2003) (Judge William T. Hart)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 942) (April 3, 2003) (Judge William T. Hart) by This case is noted for its detailed analysis of the scope and impact of various Amendments to the Fed.R.Crim.P. enacted in 2002 relating to both the acceptance and the withdrawal of …

U.S. v. Alfonso, No. CRIM.A. 01-10468-WGY (D.Mass.) (284 F.Supp.2d 193) (August 13, 2003) (Judge William G. Young)

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

Filed under: Punch And Jurists, Sweat Patch Test

U.S. v. Alfonso, No. CRIM.A. 01-10468-WGY (D.Mass.) (284 F.Supp.2d 193) (August 13, 2003) (Judge William G. Young) by In this decision, Judge Young has presented an exhaustive and highly informative guide to the state of the law on the sweat patch method of drug testing, which is now used by …

U.S. v. Blaszak, No. 02-3678 (6th Cir.) (349 F.3d 881) (November 18, 2003) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists

U.S. v. Blaszak, No. 02-3678 (6th Cir.) (349 F.3d 881) (November 18, 2003) (Judge Martha Craig Daughtrey) by Here the Court rejected a series of constitutional challenges to the validity of the anti-gratuity statute - 18 U.S.C. § 201(c)(3), holding, inter alia, it did not violate the First Amendment and …

U.S. v. Sromalski, No. 01-4236 (7th Cir.) (318 F.3d 748) (February 7, 2003) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Statutory Index

U.S. v. Sromalski, No. 01-4236 (7th Cir.) (318 F.3d 748) (February 7, 2003) (Judge Diane P. Wood) by Defendant pled guilty to possession of child pornography in violation of 18 U.S.C.S. § 2252A(a)(5)(B). The United States District Court for the Western District of Wisconsin accepted the recommendation of the presentence …

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 994) (July 2, 2003) (Judge William T. Hart)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 994) (July 2, 2003) (Judge William T. Hart) by Here the Court held that the defendant was entitled to a two-level sentence reduction for acceptance of responsibility, even though he attempted to withdraw his plea before sentencing, because the court …

U.S. v. Phillips, No. 01-3515 (3rd Cir.) (349 F.3d 138) (November 12, 2003) (Judge Maryanne Trump Barry)

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

Filed under: Conspiracy, Punch And Jurists

U.S. v. Phillips, No. 01-3515 (3rd Cir.) (349 F.3d 138) (November 12, 2003) (Judge Maryanne Trump Barry) by Following a jury trial, the U.S. District Court for the Eastern District of Pennsylvania convicted and sentenced defendants for conspiracy to distribute more than 50 grams of crack cocaine under 21 U.S.C.S. …

U.S. v. Robertson, No. 02-1388 (10th Cir.) (350 F.3d 1109) (December 2, 2003) (Judge Michael W. McConnell)

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

Filed under: Punch And Jurists, Using a Computer

U.S. v. Robertson, No. 02-1388 (10th Cir.) (350 F.3d 1109) (December 2, 2003) (Judge Michael W. McConnell) by This case is noted for Judge Brorby's strong dissent in which he accused the majority of ignoring the language of the commentary to the Guidelines in imposing an enhancement under USSG § …

U.S. v. Johnson, No. 01-3918 (7th Cir.) (347 F.3d 635) (October 20, 2003) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Johnson, No. 01-3918 (7th Cir.) (347 F.3d 635) (October 20, 2003) (Judge Ilana Diamond Rovner) by This decision deals with one of those complex and highly technical parsing issues under the Guidelines that seems to drive everyone mad. Despite the esoteric nature of the issues before the court, …

U.S. v. Banks, No. 02-16866 (11th Cir.) (347 F.3d 1266) (October 20, 2003) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Banks, No. 02-16866 (11th Cir.) (347 F.3d 1266) (October 20, 2003) (Judge Alfred T. Goodwin) by Defendant pled guilty to six counts of fraud in violation of 18 U.S.C.S. § 1029. He appealed the sentence imposed by the United States District Court for the Northern District of Georgia, …

U.S. v. Gill, No. 01-6538 (6th Cir.) (348 F.3d 147) (October 31, 2003) (Judge David M. Lawson)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Gill, No. 01-6538 (6th Cir.) (348 F.3d 147) (October 31, 2003) (Judge David M. Lawson) by Here the Court held that simple possession of illegal drugs for personal use is not conduct that is "relevant" to the charge of possession with intent to distribute a controlled substance for …

Butler v. City of Camden, No. 02-2903 (3rd Cir.) (352 F.3d 811) (December 18, 2003) (Judge Petrese B. Tucker)

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

Filed under: Punch And Jurists, Police Bias

Butler v. City of Camden, No. 02-2903 (3rd Cir.) (352 F.3d 811) (December 18, 2003) (Judge Petrese B. Tucker) by Ordering a new trial in a case of alleged excessive force by police, the Third Circuit ruled that trial judges must voir dire potential jurors about possible bias in favor …

U.S. v. Melendez-Santana, No. 01-2386 (1st Cir.) (353 F.3d 93) (December 24, 2003) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Melendez-Santana, No. 01-2386 (1st Cir.) (353 F.3d 93) (December 24, 2003) (Judge Kermit A. Lipez) by Here the Court held that, under the plain language of 18 U.S.C. § 3583(d), the district court may not vest a probation officer with the discretion to order an unlimited number of …

Glazner v. Glazner, No. 02-11799 (11th Cir.) (347 F.3d 1212) (October 16, 2003) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists

Glazner v. Glazner, No. 02-11799 (11th Cir.) (347 F.3d 1212) (October 16, 2003) (Judge Joel F. Dubina) by Here the en banc court held that there is no implied exception in the Federal wiretap laws (18 U.S.C. § 2511) for interspousal wiretapping within the marital home, reversing an old precedent …

U.S. v. Turnbull, No. 03-1633 (8th Cir.) (349 F.3d 558) (November 14, 2003) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists, Unlawful User

U.S. v. Turnbull, No. 03-1633 (8th Cir.) (349 F.3d 558) (November 14, 2003) (Judge Kermit Edward Bye) by The defendant in this case was convicted by a jury of possession of a firearm while being an unlawful user of a controlled substance. On appeal, he argued that the evidence was …

Nunes v. Ashcroft, No. 02-55613 (9th Cir.) (348 F.3d 815) (October 7, 2003) (Judge Ronald B. Leighton)

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

Filed under: Habeas Corpus, Punch And Jurists

Nunes v. Ashcroft, No. 02-55613 (9th Cir.) (348 F.3d 815) (October 7, 2003) (Judge Ronald B. Leighton) by After the Board of Immigration Appeals affirmed an order removing petitioner alien because his state burglary conviction was an aggravated felony under 8 U.S.C. § 1101(a)(43)(G), he petitioned for a writ of …

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (252 F.Supp.2d 437) (March 24, 2003) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (252 F.Supp.2d 437) (March 24, 2003) (Judge Gerald E. Rosen) by Defendants were charged with conspiracy to provide material support or resources to terrorists, to engage in document fraud, and document fraud. Defendants moved that their trial be adjourned until hostilities in Iraq had …

U.S. v. Perez-Ruiz, No. 02-1466 (1st Cir.) (353 F.3d 1) (December 19, 2003) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Perez-Ruiz, No. 02-1466 (1st Cir.) (353 F.3d 1) (December 19, 2003) (Judge Bruce M. Selya) by Here the Court held that even though the indictment charged drug types and quantities sufficient to bring the defendant’s sentence within the life imprisonment authorized by 21 U.S.C. § 841(b)(1)(A), and even …

U.S. v. Ceccolini, No. 76-1151 (U.S. Supreme Court) (435 U.S. 268; 98 S.Ct. 1054) (March 21, 1978) (Justice Rehnquist)

Article • November 25, 2003

Filed under: Punch And Jurists, Attenuation Doctrine

U.S. v. Ceccolini, No. 76-1151 (U.S. Supreme Court) (435 U.S. 268; 98 S.Ct. 1054) (March 21, 1978) (Justice Rehnquist) by In late 1973, the FBI was investigating suspected gambling operations in North Tarrytown, New York. The defendant's flower shop was one of the places under surveillance. One year after the …

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter)

Article • November 21, 2003

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter) by In its decision, the Court explained the rule of lenity as one of three manifestitations of the constitutional requirement that criminal statutes provide fair warning and the standard is whether …

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter)

Article • November 21, 2003

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Lanier, No. 95-1717 (U.S. Supreme Court) (520 U.S. 259; 117 S.Ct. 1219) (March 31, 1997) (Justice Souter) by In this case a state judge was convicted under 18 U.S.C. § 242 of criminally violating the constitutional rights of five women by assaulting them sexually in his chambers. A …