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U.S. v. Boos, No. 02-2006 (7th Cir.) (329 F.3d 907) (May 15, 2003) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Boos, No. 02-2006 (7th Cir.) (329 F.3d 907) (May 15, 2003) (Judge Terrence T. Evans) by Defendant, who pleaded guilty to violating 21 U.S.C.S §§ 856(a)(1), (922)(g)(1), appealed the use of the U.S. Sentencing Guidelines Manual murder cross-reference section by the United States District Court for the Western …

U.S. v. Martinez, No. 02-10018-NG (D.Mass.) (234 F.Supp.2d 80) (December 12, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Martinez, No. 02-10018-NG (D.Mass.) (234 F.Supp.2d 80) (December 12, 2002) (Judge Nancy Gertner) by The defendant in this case was indicted on five counts involving the illegal distribution of the drug known as ecstasy. The caption of one of those counts described that offense as “distribution resulting in …

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith) by In this case, a jury convicted the defendant for carjacking and conspiracy to commit carjacking. After his sentencing, the defendant appealed and the Fifth Circuit vacated the carjacking sentence and remanded for …

U.S. v. Lopez, No. 99-4396 (6th Cir.) (309 F.3d 966) (October 29, 2002) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lopez, No. 99-4396 (6th Cir.) (309 F.3d 966) (October 29, 2002) (Judge Eugene E. Jr. Siler) by Where both defendants were convicted of conspiracy to distribute cocaine, defendants' claims, that their sentences violate Apprendi because the quantity of cocaine involved in the conspiracy was neither alleged in the …

U.S. v. Chase, No. 01-10198 (D.Mass.) (221 F.Supp.2d 209) (September 13, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Chase, No. 01-10198 (D.Mass.) (221 F.Supp.2d 209) (September 13, 2002) (Judge Nancy Gertner) by The two defendants in this case, Erica Chase and Leo Felton, were charged, in a 12-count Indictment, with a number of crimes of violence that involved “white supremacist and [other] illegal activities.” They were …

Sandstrom v. Montana, No. 78-5384 (U.S. Supreme Court) (442 U.S. 510; 99 S.Ct. 2450) (June 18, 1979) (Justice Brennan)

Article • August 18, 2002

Filed under: Punch And Jurists, Burden of Proof

Sandstrom v. Montana, No. 78-5384 (U.S. Supreme Court) (442 U.S. 510; 99 S.Ct. 2450) (June 18, 1979) (Justice Brennan) by The petitioner was convicted of intentional homicide in violation of a Montana statute, based on a jury instruction that the law presumed that a person intended the ordinary consequences of …

U.S. v. Hurlich, No. 01-4068 (10th Cir.) (293 F.3d 1223) (June 21, 2002) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hurlich, No. 01-4068 (10th Cir.) (293 F.3d 1223) (June 21, 2002) (Judge Deanell R. Tacha) by In this appeal, the Court held, inter alia, that in sentencing for possession of a firearm by a convicted felon, 1) a vague, unsworn statement by an unidentified witness in a presentence …

Walton v. Arizona, No. 88-7351 (U.S. Supreme Court) (497 U.S. 639; 110 S.Ct. 3047) (June 27, 1990) (Justice White)

Article • June 25, 2002

Filed under: Punch And Jurists, Burden of Proof

Walton v. Arizona, No. 88-7351 (U.S. Supreme Court) (497 U.S. 639; 110 S.Ct. 3047) (June 27, 1990) (Justice White) by In this case, the Court was faced with a challenge to the "proportionality review" of a capital sentence - i.e., a comparison of the sentence imposed in the instant case …

Bracy v. Schomig, No. 99-4318 (7th Cir.) (286 F.3d 406) (March 29, 2002) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Burden of Proof

Bracy v. Schomig, No. 99-4318 (7th Cir.) (286 F.3d 406) (March 29, 2002) (Judge Terrence T. Evans) by The history of this case goes back more than 20 years; and for most of that time William Bracy and Roger Collins have been seeking to obtain relief from a death penalty …

U.S. v. Day, No. 00-56525 (9th Cir.) (285 F.3d 1167) (April 10, 2002) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Day, No. 00-56525 (9th Cir.) (285 F.3d 1167) (April 10, 2002) (Judge Alfred T. Goodwin) by Here, in a claim for denial of effective assistance of counsel, the Ninth Circuit held that the district court had erred in concluding that the defendant could not show prejudice by counsel's …

U.S. v. Yu, No. 01-1222 (2nd Cir.) (285 F.3d 192) (March 25, 2002) (Judge Dennis G. Jacobs)

Article • April 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Yu, No. 01-1222 (2nd Cir.) (285 F.3d 192) (March 25, 2002) (Judge Dennis G. Jacobs) by Here the Court vacated a sentence after holding it was error, under Apprendi, for the district court to permit defendant to plead guilty to quantity-specific drug charges while refusing to allocute to …

Moss v. Hofbauer, No. 00-1518 (6th Cir.) (286 F.3d 851) (April 12, 2002) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Burden of Proof

Moss v. Hofbauer, No. 00-1518 (6th Cir.) (286 F.3d 851) (April 12, 2002) (Judge Ronald Lee Gilman) by The petitioner in this case, Kim Moss, was convicted in 1985 by a Michigan state court jury of first degree murder; and he was sentenced to life imprisonment without the possibility of …

O'Neal v. McAninch, No. 93-7407 (U.S. Supreme Court) (513 U.S. 432; 115 S.Ct. 992) (February 21, 1995) (Justice Breyer)

Article • February 3, 2002

Filed under: Punch And Jurists, Burden of Proof

O'Neal v. McAninch, No. 93-7407 (U.S. Supreme Court) (513 U.S. 432; 115 S.Ct. 992) (February 21, 1995) (Justice Breyer) by In this case Robert O'Neal filed a federal habeas corpus petition challenging his state-court convictions for murder and other crimes. The Federal District Court agreed with several of his claims …

U.S. v. Norris, No. 01-1347L (2nd Cir.) (281 F.3d 357) (February 19, 2002) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Norris, No. 01-1347L (2nd Cir.) (281 F.3d 357) (February 19, 2002) (Judge Jon O. Newman) by The Second Circuit has finally addressed the late Judge Nickerson’s two earlier Apprendi decisions in this case (reported at 128 F.Supp.2d 739 (E.D.N.Y. 2001) (P&J, 1/22/01) and 143 F.Supp.2d 243 (E.D.N.Y. 2001) …

U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch) by Among the many issues raised in this RICO and VICAR prosecution of two alleged members of La Cosa Nostra, were two claims based on Apprendi v. New Jersey, which the Court summarized …

U.S. v. Henry, No. 01-2486 (3rd Cir.) (282 F.3d 242) (March 4, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Henry, No. 01-2486 (3rd Cir.) (282 F.3d 242) (March 4, 2002) (Judge Edward R. Becker) by Here the Court held that where a defendant in a drug case entered a pre-Apprendi plea to a “generic crime of possession of a drug with intent to distribute,” he retained the …

U.S. v. Marolf, No. 00-55730 (9th Cir.) (277 F.3d 1156) (January 17, 2002) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marolf, No. 00-55730 (9th Cir.) (277 F.3d 1156) (January 17, 2002) (Judge Raymond C. Fisher) by In this case, after the five year statute of limitations for the Government to commence judicial forfeiture proceedings had expied (see 19 U.S.C. § 1621), the claimant, Gary Marolf, filed a motion …

U.S. v. Hough, No. 00-3380 (6th Cir.) (276 F.3d 884) (January 16, 2002) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hough, No. 00-3380 (6th Cir.) (276 F.3d 884) (January 16, 2002) (Judge R. Guy Jr. Cole) by Here the Court affirmed its rule that Apprendi does not require the jury to determine the precise amount of drugs in every case unless the quantity alleged threatens a penalty that …

U.S. v. Jenkins, No. 01-1292 (3rd Cir.) (275 F.3d 283) (December 20, 2001) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jenkins, No. 01-1292 (3rd Cir.) (275 F.3d 283) (December 20, 2001) (Judge Anthony J. Scirica) by

U.S. v. Ortlieb, No. 00-30895 (5th Cir.) (274 F.3d 871) (November 27, 2001) (Judge Richard A. Schell)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ortlieb, No. 00-30895 (5th Cir.) (274 F.3d 871) (November 27, 2001) (Judge Richard A. Schell) by While representing one of the defendants during the course of a six-week trial in this case, defense attorney Michael S. Fawer of Covington, LA became embroiled in a number of arguments and …