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U.S. v. Bryce, No. 3:97CR249 (RNC) (D.Conn.) (141 F.Supp.2d 269) (April 6, 2001) (Judge Robert N. Chatigny)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Bryce, No. 3:97CR249 (RNC) (D.Conn.) (141 F.Supp.2d 269) (April 6, 2001) (Judge Robert N. Chatigny) by

U.S. v. Resendez-Mendez, No. 00-40585 (5th Cir.) (251 F.3d 514) (May 15, 2001) (Judge Jacques L. Jr. Weiner)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Resendez-Mendez, No. 00-40585 (5th Cir.) (251 F.3d 514) (May 15, 2001) (Judge Jacques L. Jr. Weiner) by Here the Court vacated a harsher sentence imposed on a defendant following a successful appeal, holding that the court’s subjective reasons for the increased sentence were not sufficient to overcome a …

U.S. v. Meshack, No. 99-50669 (5th Cir.) (244 F.3d 367) (March 7, 2001) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Meshack, No. 99-50669 (5th Cir.) (244 F.3d 367) (March 7, 2001) (Judge Emilio M. Garza) by Here the Court granted a reheariing in part of its previous decision reported at 225 F.3d 556, and amended in minor respects that prior decision, but still concluded that there was no …

U.S. v. Fortier, No. 99-6381 (10th Cir.) (242 F.3d 1224) (March 16, 2001) (Judge Carlos Lucero)

Article • February 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Fortier, No. 99-6381 (10th Cir.) (242 F.3d 1224) (March 16, 2001) (Judge Carlos Lucero) by This case involves the re-sentencing of one of the lesser-known defendants who was prosecuted for his involvement with Timothy McVeigh and Terry Nichols in the bombing of the Murrah Federal Building in Oklahoma …

U.S. v. Garcia-Guizar, No. 99-10435 (9th Cir.) (234 F.3d 483) (September 20, 2000) (Judge Jr. William C. Canby)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Garcia-Guizar, No. 99-10435 (9th Cir.) (234 F.3d 483) (September 20, 2000) (Judge Jr. William C. Canby) by The defendant in this case was convicted of various drug crimes involving the distribution of methamphetamine in violation of 21 U.S.C. §§ 841 and 846. He was originally sentenced to a …

U.S. v. Kithcart, No. 99-1082 (3rd Cir.) (218 F.3d 213) (June 28, 2000) (Judge Theodore A. McKee)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Kithcart, No. 99-1082 (3rd Cir.) (218 F.3d 213) (June 28, 2000) (Judge Theodore A. McKee) by Here the Court held that the district court erred when it allowed the Government, without request or explanation, to introduce new evidence at the remanded hearing to support its claim that it …

U.S. v. Ruiz-Alvarez, No. 96-17272 (9th Cir.) (211 F.3d 1181) (April 25, 2000) (Judge Barry G. Silverman)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Ruiz-Alvarez, No. 96-17272 (9th Cir.) (211 F.3d 1181) (April 25, 2000) (Judge Barry G. Silverman) by United States v. Colvin, 204 F.3d 1221 (9th Cir. 2000) (Judge Hawkins) United States v. Ruiz-Alvarez, 211 F.3d 1181 (9th Cir. 2000) (Judge Silverman) In both of these cases the Ninth Circuit …

Maddox v. Elize, No. Crim.A. 96-151 (SS) (D.D.C.) (83 F.Supp.2d 113) (December 23, 1999) (Judge Stanley Sporkin)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Maddox v. Elize, No. Crim.A. 96-151 (SS) (D.D.C.) (83 F.Supp.2d 113) (December 23, 1999) (Judge Stanley Sporkin) by In 1996, the defendant in this case, while on parole from a 1981 District of Columbia conviction, was arrested and charged with being a felon in possession of a firearm. Three times …

Chaffin v. Stynchcombe, No. 71-6732 (U.S. Supreme Court) (412 U.S. 17; 93 S.Ct. 1977) (May 21, 1973) (Justice Powell)

Article • February 2, 2000

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Chaffin v. Stynchcombe, No. 71-6732 (U.S. Supreme Court) (412 U.S. 17; 93 S.Ct. 1977) (May 21, 1973) (Justice Powell) by In North Carolina v. Pearce, 395 U.S. 711(1969), the Supreme Court established the principle of presumptive vindictiveness by announcing a prophylactic rule requiring that "whenever a judge imposes a more …

U.S. v. Hass, No. 98-41423 (5th Cir.) (199 F.3d 749) (December 29, 1999) (Judge Carl E. Stewart)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Hass, No. 98-41423 (5th Cir.) (199 F.3d 749) (December 29, 1999) (Judge Carl E. Stewart) by Here, relying in its decision in U.S. v. Marmolejo, 139 F.3d 528, the Fifth Circuit once again affirmed the minority view that on a restencing a defendant is limited to raising only …

Bono v. Benov, No. 98-55895 (9th Cir.) (197 F.3d 409) (November 22, 1999) (Judge Kim McLane Wardlaw)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Bono v. Benov, No. 98-55895 (9th Cir.) (197 F.3d 409) (November 22, 1999) (Judge Kim McLane Wardlaw) by Here the Court held that when the Parole Commission imposed a significantly harser sentence on a prisoner, after he had been successful in two prior habeas proceedings, it engaged in conduct that …

U.S. v. Tidwell, No. 98-2710 (7th Cir.) (178 F.3d 946) (May 28, 1999) (Judge Terrence T. Evans)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Tidwell, No. 98-2710 (7th Cir.) (178 F.3d 946) (May 28, 1999) (Judge Terrence T. Evans) by Here, over the dissent of Judge Ripple, the Court held that the district court's refusal to appoint counsel and to conduct a hearing on a motion for resentencing after a retroactive change …

U.S. v. Triestman, No. 98-1021(L) (2nd Cir.) (178 F.3d 624) (June 2, 1999) (Judge Sonia Sotomayor)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Triestman, No. 98-1021(L) (2nd Cir.) (178 F.3d 624) (June 2, 1999) (Judge Sonia Sotomayor) by Here the Court affirmed the authority of the disctrict court to impose the same original sentence, following a successful Bailey appeal of a gun conviction, in motions under 28 USC § 2241 as …

U.S. v. Jackson, No. 97-3924 (6th Cir.) (181 F.3d 740) (June 10, 1999) (Judge Eric L. Clay)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Jackson, No. 97-3924 (6th Cir.) (181 F.3d 740) (June 10, 1999) (Judge Eric L. Clay) by In 1969 the Supreme Court held that Constitutional due process "requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives …

Wasman v. U.S., No. 83-173 (U.S. Supreme Court) (468 U.S. 559; 104 S.Ct. 3217) (July 3, 1984) (Justice Burger)

Article • June 1, 1999

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Wasman v. U.S., No. 83-173 (U.S. Supreme Court) (468 U.S. 559; 104 S.Ct. 3217) (July 3, 1984) (Justice Burger) by Here the Court expounded on its decision in North Carolina v. Pearce, 395 U.S. 711, and explained the kinds of reasons that a sentencing court may advance to justify a …

U.S. v. Bond, No. 96-2256 (6th Cir.) (171 F.3d 1047) (March 15, 1999) (Judge Allen E. Norris)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Bond, No. 96-2256 (6th Cir.) (171 F.3d 1047) (March 15, 1999) (Judge Allen E. Norris) by It’s an old story; and, as this case proves, there is virtually nothing that a defendant can do about it. The defendant in this case was convicted of armed bank robbery. The …

U.S. v. Barron, No. 96-36058 (9th Cir.) (172 F.3d 1153) (April 16, 1999) (Judge John T. Jr. Noonan)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Barron, No. 96-36058 (9th Cir.) (172 F.3d 1153) (April 16, 1999) (Judge John T. Jr. Noonan) by Following reversal of a gun conviction based on Bailey, the majority held that the district court had erred in requiring the defendant to choose between the status quo of the elimination …

U.S. v. Johnson, No. 98-1716 (2nd Cir.) (171 F.3d 139) (March 24, 1999) (Per Curiam)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Johnson, No. 98-1716 (2nd Cir.) (171 F.3d 139) (March 24, 1999) (Per Curiam) by The government appealed the district court's dismissal with a three-count indictment charging the defendant with various weapons violations based upon the district court's finding of vindictive prosecution. The district court relied upon a sequence …

U.S. v. Campbell, No. 97-5593 (6th Cir.) (168 F.3d 263) (February 17, 1999) (Judge Karen Nelson Moore)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Campbell, No. 97-5593 (6th Cir.) (168 F.3d 263) (February 17, 1999) (Judge Karen Nelson Moore) by The Court explained the "mandate rule" by stating that its basic tenet is that a district court is bound by the scope of remand issued by the court of appeals. It also …

Whitlock v. Johnson, No. 98-1133 (7th Cir.) (153 F.3d 380) (August 5, 1998) (Judge Joel L. Flaum)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Disciplinary Proceedings

Whitlock v. Johnson, No. 98-1133 (7th Cir.) (153 F.3d 380) (August 5, 1998) (Judge Joel L. Flaum) by Case held that prison's policy of virtually denying an accused's requests for live witnesses at a disciplinary hearing lacked "the refinement required to survive constitutional muster.". This is a rare case in …