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U.S. v. Angelos, No. 04-4282 (10th Cir.) (433 F.3d 738) (January 9, 2006) (Judge Mary Beck Briscoe)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Angelos, No. 04-4282 (10th Cir.) (433 F.3d 738) (January 9, 2006) (Judge Mary Beck Briscoe) by In November, 2004, Judge Paul Cassell of the D.Utah, an appointee of President Bush and a former law clerk to Justice Scalia, startled a lot of people when he questioned the wisdom …

U.S. v. Sczubelek, No. 03-2173 (3rd Cir.) (402 F.3d 175) (March 21, 2005) (Judge Jane R. Roth)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Sczubelek, No. 03-2173 (3rd Cir.) (402 F.3d 175) (March 21, 2005) (Judge Jane R. Roth) by In this case, a convicted bank robber who was serving a term of supervised release, challenged the constitutionality of the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. §§ 14135 - …

Padgett v. Donald, No. 03-16527 (11th Cir.) (401 F.3d 1273) (March 4, 2005) (Judge Stanley F. Jr. Birch)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, DNA Evidence/Testing

Padgett v. Donald, No. 03-16527 (11th Cir.) (401 F.3d 1273) (March 4, 2005) (Judge Stanley F. Jr. Birch) by In this case of first impression, the Eleventh Circuit rejected a constitutional challenge to a Georgia law requiring incarcerated felons to submit DNA samples "by taking blood, swabbing the inside of …

U.S. v. Levy, No. 01-17133 (11th Cir.) (391 F.3d 1327) (December 3, 2004) (Per Curiam)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Levy, No. 01-17133 (11th Cir.) (391 F.3d 1327) (December 3, 2004) (Per Curiam) by

U.S. v. Huerta-Rodriguez, No. 8:93CR365 (D.Neb.) (355 F.Supp.2d 1019) (February 1, 2005) (Judge Joseph F. Bataillon)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Huerta-Rodriguez, No. 8:93CR365 (D.Neb.) (355 F.Supp.2d 1019) (February 1, 2005) (Judge Joseph F. Bataillon) by

U.S. v. O'Daniel, No. 02-CR-159-H (N.D.Okla.) (328 F.Supp.2d 1168) (August 6, 2004) (Judge Sven Erik Holmes)

Article • December 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. O'Daniel, No. 02-CR-159-H (N.D.Okla.) (328 F.Supp.2d 1168) (August 6, 2004) (Judge Sven Erik Holmes) by Following his entry of a guilty plea entered in accordance with Fed. R. Crim. P. 11, defendant appeared for sentencing. He challenged the application of the U.S. Sentencing Guidelines Manual to his case, …

U.S. v. Levy, No. 01-17133 (11th Cir.) (379 F.3d 1241) (August 3, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Levy, No. 01-17133 (11th Cir.) (379 F.3d 1241) (August 3, 2004) (Per Curiam) by After defendant's sentences were affirmed, he filed a petition for rehearing, seeking to raise a new sentencing issue based on newly decided case law. However, defendant's initial brief did not claim that he had …

U.S. v. Hilton, No. 03-1741 (1st Cir.) (386 F.3d 13) (September 27, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Hilton, No. 03-1741 (1st Cir.) (386 F.3d 13) (September 27, 2004) (Per Curiam) by In 1997, following a lawful search of his computer room, David Hilton was charged with a one-count violation of possession of visual depictions of what “appeared to be” children engaging in sexually explicit conduct, …

U.S. v. Angelos, No. 2:02-CR-00708PGC (D.Utah) (345 F.Supp.2d 1227) (November 16, 2004) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Angelos, No. 2:02-CR-00708PGC (D.Utah) (345 F.Supp.2d 1227) (November 16, 2004) (Judge Paul G. Cassell) by Since his appointment to the bench in May, 2002, Judge Cassell (a former law clerk to Justice Scalia) has cut a huge swath in judicial circles. He has already produced a series of …

U.S. v. King, No. 6:04-CR-35-ORL-31KRS (M.D.Fla.) (328 F.Supp.2d 1276) (July 19, 2004) (Judge Gregory A. Presnell)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. King, No. 6:04-CR-35-ORL-31KRS (M.D.Fla.) (328 F.Supp.2d 1276) (July 19, 2004) (Judge Gregory A. Presnell) by The instant sentencing memorandum opinion concerned the sentencing of two defendants, minor drug dealers, and was impacted by the United States Supreme Court's decision in Blakely v. Washington, 124 S. Ct. 2531 (2004). …

U.S. v. Kincade, No. 02-50380 (9th Cir.) (379 F.3d 813) (August 18, 2004) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Kincade, No. 02-50380 (9th Cir.) (379 F.3d 813) (August 18, 2004) (Judge Diarmuid F. O'Scannlain) by In October 0f 2003, a divided three judge panel from the Ninth Circuit held that the forced extraction of blood from parolees pursuant to the DNA Analysis Backlog Elimination Act (42 U.S.C. …

Garcia v. U.S., No. 04-CV-0465 (N.D.N.Y.) (2004 U.S. Dist. LEXIS 14984) (August 4, 2004) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists, Constitutional Challenges

Garcia v. U.S., No. 04-CV-0465 (N.D.N.Y.) (2004 U.S. Dist. LEXIS 14984) (August 4, 2004) (Judge Thomas J. McAvoy) by

U.S. v. Barre, No. 03-CR-306-B (D.Colo.) (313 F.Supp.2d 1086) (April 5, 2004) (Judge Lewis T. Babcock)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Barre, No. 03-CR-306-B (D.Colo.) (313 F.Supp.2d 1086) (April 5, 2004) (Judge Lewis T. Babcock) by Defendant was indicted on one count of knowingly conducting, controlling, managing, supervising, directing, or owning all or part of an unlicensed money transmitting business, in violation of 18 U.S.C. §§ 2 and 1960(a) …

U.S. v. Schnepper, No. CR. 02-00062 ACK (D.Hawai'I) (302 F.Supp.2d 1170) (January 13, 2004) (Judge Alan Cooke Kay)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Schnepper, No. CR. 02-00062 ACK (D.Hawai'I) (302 F.Supp.2d 1170) (January 13, 2004) (Judge Alan Cooke Kay) by This decision is noted for its discussion and rejection of three identical consolidated motions filed by defendants in three unrelated cases in Hawaii who, following their convictions for various crimes, challenged …

Green v. Berge, No. 01-4080 (7th Cir.) (354 F.3d 675) (January 9, 2004) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

Green v. Berge, No. 01-4080 (7th Cir.) (354 F.3d 675) (January 9, 2004) (Judge Terrence T. Evans) by Groceman v. U.S. Dept. of Justice, 354 F.3d 411 (5th Cir. 2004) (PerCuriam) Green v. Berge, 354 F.3d 675 (7th Cir. 2004) (Judge Evans) In these two cases, state and federally incarcerated …

Groceman v. U.S. Dept. of Justice, No. 02-10810 (5th Cir.) (354 F.3d 411) (January 6, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

Groceman v. U.S. Dept. of Justice, No. 02-10810 (5th Cir.) (354 F.3d 411) (January 6, 2004) (Per Curiam) by Groceman v. U.S. Dept. of Justice, 354 F.3d 411 (5th Cir. 2004) (PerCuriam) Green v. Berge, 354 F.3d 675 (7th Cir. 2004) (Judge Evans) In these two cases, state and federally …

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 …

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 …

Vore v. U.S. Dept. of Justice, No. CV 02-405 TUC DCB (D.Ariz.) (281 F.Supp.2d 1129) (September 8, 2003) (Judge David C. Bury)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

Vore v. U.S. Dept. of Justice, No. CV 02-405 TUC DCB (D.Ariz.) (281 F.Supp.2d 1129) (September 8, 2003) (Judge David C. Bury) by Defendant United States sought to obtain DNA blood test information from plaintiff, a federal inmate convicted of bank robbery, pursuant to the DNA Analysis Backlog Elimination Act …

U.S. v. Kincade, No. 02-50380 (9th Cir.) (345 F.3d 1095) (October 2, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Kincade, No. 02-50380 (9th Cir.) (345 F.3d 1095) (October 2, 2003) (Judge Stephen Reinhardt) by Here, in a case of first impression for any Court of Appeals, a divided panel from the Ninth Circuit held that the forced extraction of blood from parolees pursuant to the DNA Analysis …