Search | Punch and Jurists

Jansen v. U.S., No. 02-4215 (3rd Cir.) (369 F.3d 237) (May 21, 2004) (Judge Dickinson R. Debevoise)

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

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

Jansen v. U.S., No. 02-4215 (3rd Cir.) (369 F.3d 237) (May 21, 2004) (Judge Dickinson R. Debevoise) by Robert Jansen, the appellant/inmate in this case, filed a petition for habeas corpus pursuant to 28 U.S.C. § 2255, alleging that his trial counsel was ineffective for failing to argue at sentencing …

U.S. v. Stewart, No. 03-1857 (7th Cir.) (361 F.3d 373) (March 16, 2004) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Stewart, No. 03-1857 (7th Cir.) (361 F.3d 373) (March 16, 2004) (Judge William J. Bauer) by The defendant in this case pled guilty to conspiracy to manufacture, distribute, and possess with intent to manufacture and distribute methamphetamine, but asserted that a solution used in producing methamphetamine was improperly …

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 …

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist)

Article • July 24, 2003

Filed under: Punch And Jurists, Drug Mixtures/Purity

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist) by In this case the defendants were convicted of selling 10 sheets of blotter paper containing 1,000 doses of LSD in violation of 21 U.S.C. § 841(a). Although the LSD alone …

U.S. v. Hodge, No. 01-2198 (3rd Cir.) (321 F.3d 429) (March 11, 2003) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Hodge, No. 01-2198 (3rd Cir.) (321 F.3d 429) (March 11, 2003) (Judge Thomas L. Ambro) by Congress did not intend to include innocuous substances, such as a wax/flour mixture that looks like crack, within its definition of controlled substance analogues under 21 U.S.C. § 802(32)(A), thus defendants' convictions …

U.S. v. Wade, No. 01-5210 (6th Cir.) (318 F.3d 698) (February 11, 2003) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Wade, No. 01-5210 (6th Cir.) (318 F.3d 698) (February 11, 2003) (Judge Karen Nelson Moore) by Here the Court held that although the quantity of drugs for which defendant was sentenced had not been proven beyond a reasonable doubt, Apprendi does not apply to mandatory minimums. In this …

U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (319 F.3d 1080) (January 21, 2003) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (319 F.3d 1080) (January 21, 2003) (Judge Stephen S. Trott) by Here the Court held that the district court had erred when it determined by a preponderance of the evidence that because the defendant was responsible for more than 50 kilograms of marijuana, …

U.S. v. Hamlin, No. 02-4252 (4th Cir.) (319 F.3d 666) (February 11, 2003) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Hamlin, No. 02-4252 (4th Cir.) (319 F.3d 666) (February 11, 2003) (Judge Karen J. Williams) by Here the Court held that 21 U.S.C. § 841(b)(1)(D) provides the applicable statutory maximum sentence for offenses involving an indeterminate amount of marijuana - rather than the one year period specified in …

U.S. v. Sandlin, No. 00-5827 (6th Cir.) (313 F.3d 351) (December 13, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Sandlin, No. 00-5827 (6th Cir.) (313 F.3d 351) (December 13, 2002) (Per Curiam) by Here the Court colcnuded that the district court had committed plain error that was reversible when it imposed a mandatory sentence on a drug defendant by aggregating the drugs he manufactured on three different …

U.S. v. Gonzales, No. 00-10514 (9th Cir.) (307 F.3d 906) (September 30, 2002) (Judge Richard D. Cudahy)

Article • November 1, 2002 • from P&J November, 2002

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

U.S. v. Gonzales, No. 00-10514 (9th Cir.) (307 F.3d 906) (September 30, 2002) (Judge Richard D. Cudahy) by Here the Court held that the district court’s ruling that all drugs seized from a drug addict were intended for distribution was “clearly erroneous” since it was plausible that some of the …

U.S. v. Leachman, No. 01-5494 (6th Cir.) (309 F.3d 377) (October 9, 2002) (Judge Richard F. Suhrheinrich)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Leachman, No. 01-5494 (6th Cir.) (309 F.3d 377) (October 9, 2002) (Judge Richard F. Suhrheinrich) by Here, based on Harris v. U.S., 122 S.Ct. 2406 (2002), the Supreme Court vacated its line of cases (including Flowal, Ramirez and Strayhorn) which had held that Apprendi applied to the imposition …

U.S. v. Smith, No. 01-10017 (5th Cir.) (296 F.3d 344) (June 26, 2002) (Judge Edith Brown Clement)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Smith, No. 01-10017 (5th Cir.) (296 F.3d 344) (June 26, 2002) (Judge Edith Brown Clement) by Both of the Appellants in this case were convicted of four counts of possession of a firearm during and in relation to a crime of violence. 18 U.S.C. § 924 (c)(1)(A) imposes …

U.S. v. Barajas, No. 5:01 CR 1211 H(2) (E.D.N.C.) (200 F.Supp.2d 575) (April 3, 2002) (Judge Macolm J. Howard)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Barajas, No. 5:01 CR 1211 H(2) (E.D.N.C.) (200 F.Supp.2d 575) (April 3, 2002) (Judge Macolm J. Howard) by In this case, at the close of the Government's evidence in a drug case, the defendant moved for a judgment of acquittal on one of the counts in which the …

Harris v. U.S., No. 00-10666 (U.S. Supreme Court) (536 U.S. 545; 122 S.Ct. 2406) (June 24, 2002) (Justice Kennedy)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Mandatory Minimums

Harris v. U.S., No. 00-10666 (U.S. Supreme Court) (536 U.S. 545; 122 S.Ct. 2406) (June 24, 2002) (Justice Kennedy) by In this case the Supreme Court addressed an important and much debated Apprendi issue: whether its landmark Apprendi decision applies to mandatory minimum sentences. In Apprendi, the Court held that …

U.S. v. Clifford, No. Crim.01-435-A (E.D.Va.) (197 F.Supp.2d 516) (April 23, 2002) (Judge Thomas Selby III Ellis)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Clifford, No. Crim.01-435-A (E.D.Va.) (197 F.Supp.2d 516) (April 23, 2002) (Judge Thomas Selby III Ellis) by Here the Court vacated the convictions of three defendants who had pled guilty to a conspiracy to possess and distribute ecstacy, but who actually only sold a harmless mixture of vitamins, since …

U.S. v. Agramonte, No. 00-3098 (D.C. Cir.) (276 F.3d 594) (December 28, 2001) (Judge A. Raymond Randolph)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Agramonte, No. 00-3098 (D.C. Cir.) (276 F.3d 594) (December 28, 2001) (Judge A. Raymond Randolph) by Here the Court refused to extend the Supreme Court's ruling in Apprendi to cover situations in which the district court's findings trigger a mandatory minimum sentence. The defendant was convicted of various …

U.S. v. Payner, No. 78-1729 (U.S. Supreme Court) (447 U.S. 727; 100 S.Ct. 2439) (June 23, 1980) (Justice Powell)

Article • December 29, 2001

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

U.S. v. Payner, No. 78-1729 (U.S. Supreme Court) (447 U.S. 727; 100 S.Ct. 2439) (June 23, 1980) (Justice Powell) by Case held that a district court cannot circumvent the 4th Amendment standing rules by excluding evidence evidence seized illegally and in bad faith on violation of a third party's - …

Gibson v. U.S., No. 99-6382 (6th Cir.) (271 F.3d 247) (November 6, 2001) (Judge Algenon L. Marbley)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Mandatory Minimums

Gibson v. U.S., No. 99-6382 (6th Cir.) (271 F.3d 247) (November 6, 2001) (Judge Algenon L. Marbley) by The petitioner/defendant in this case was convicted of manufacturing and possessing marijuana with intent to distribute; and the district court imposed a mandatory minimum sentence of 10 years based on its determination …

U.S. v. Lujan, No. 00-2016 (10th Cir.) (268 F.3d 965) (October 9, 2001) (Judge William J. Jr. Holloway)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Lujan, No. 00-2016 (10th Cir.) (268 F.3d 965) (October 9, 2001) (Judge William J. Jr. Holloway) by

U.S. v. Lopez, No. 00-20506 (5th Cir.) (264 F.3d 527) (August 29, 2001) (Judge Fortunato P. Benavides)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Lopez, No. 00-20506 (5th Cir.) (264 F.3d 527) (August 29, 2001) (Judge Fortunato P. Benavides) by After the defendant in this case pled guilty to various drug trafficking and money laundering offenses, he filed an unopposed motion to waive the preparation of a presentence report in which he …