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Calcano-Martinez v. I.N.S., No. 00-1011 (U.S. Supreme Court) (533 U.S. 348; 121 S.Ct. 2268) (June 25, 2001) (Justice Stevens)

Article • April 30, 2003 • from P&J June, 2001

Filed under: Punch And Jurists, Jurisdiction

Calcano-Martinez v. I.N.S., No. 00-1011 (U.S. Supreme Court) (533 U.S. 348; 121 S.Ct. 2268) (June 25, 2001) (Justice Stevens) by Calcano-Martinez v. I.N.S., 533 U.S. 348 (2001) (Justice Stevens) I.N.S. v. St. Cyr, 533 U.S. 289 (2001) (Justice Stevens) In this pair of decisions, the Supreme Court held that 1996 …

So v. Reno, No. 00 CV 6964(JBW) (E.D.N.Y.) (241 F.Supp.2d 227) (January 23, 2003) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Jurisdiction

So v. Reno, No. 00 CV 6964(JBW) (E.D.N.Y.) (241 F.Supp.2d 227) (January 23, 2003) (Judge Jack B. Weinstein) by On remand from the Second Circuit Court of Appeals, the district court was ordered to clarify the basis for its ruling in light of specific case law. The action was brought …

U.S. v. Corchado-Peralta, No. 01-2086 (1st Cir.) (318 F.3d 255) (January 29, 2003) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Corchado-Peralta, No. 01-2086 (1st Cir.) (318 F.3d 255) (January 29, 2003) (Judge Michael Boudin) by Since the enactment of the Sentencing Reform Act of 1984, we can’t recall a single defendant who experienced a more charmed Federal criminal prosecution than Elena Corchado-Peralta (“Elena”), the defendant in this case. …

U.S. v. Rivera-Rodriguez, No. 01-2134 (1st Cir.) (318 F.3d 268) (January 29, 2003) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Rivera-Rodriguez, No. 01-2134 (1st Cir.) (318 F.3d 268) (January 29, 2003) (Judge Michael Boudin) by This is the companion case to U.S. v. Corchado-Peralta, No. 01-2086 (1st Cir. 1/29/2003). Here, in addition to affirming two money laundering convictions that it refused to disturb in Corchado-Peralta, the First Circuit …

Coalition of Clergy, Lawyers and Professors v. Bush, No. 02-55367 (9th Cir.) (310 F.3d 1153) (November 18, 2002) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Jurisdiction

Coalition of Clergy, Lawyers and Professors v. Bush, No. 02-55367 (9th Cir.) (310 F.3d 1153) (November 18, 2002) (Judge Kim McLane Wardlaw) by A coalition group lacked next-friend and third party standing to bring a habeas petition on behalf of persons captured in Afghanistan and detained by the U.S. and …

Balogun v. U.S. Attorney General, No. 00-12442 (11th Cir.) (304 F.3d 1303) (September 10, 2002) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Jurisdiction

Balogun v. U.S. Attorney General, No. 00-12442 (11th Cir.) (304 F.3d 1303) (September 10, 2002) (Judge Richard D. Cudahy) by Here the Court held that it had no jurisdiction under 8 U.S.C. § 1252(a)(2)(C) to review a removal order where petitioner committed two crimes of moral turpitude and the removal …

U.S. v. Schlaen, No. 01-10683 (11th Cir.) (300 F.3d 1313) (August 8, 2002) (Judge Emmett Ripley Cox)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Schlaen, No. 01-10683 (11th Cir.) (300 F.3d 1313) (August 8, 2002) (Judge Emmett Ripley Cox) by Here the Court reversed as erroneous a 6-level downward departure that the district court granted on the ground that the defendants' money laundering activities were incidental to their failure to file currency …

U.S. v. Avery, No. 00-3262 (10th Cir.) (295 F.3d 1158) (July 9, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Avery, No. 00-3262 (10th Cir.) (295 F.3d 1158) (July 9, 2002) (Judge David M. Ebel) by Here the Court rejected the defendant's contention that the failure of his indictment to allege all the essential elements of his crime constituted a jurisdictional defect under Apprendi requiring dismissal of his …

Ex Parte Mitsuye Endo, No. 70 (U.S. Supreme Court) (323 U.S. 283; 65 S.Ct. 208) (December 18, 2044) (Justice Douglas)

Article • June 11, 2002

Filed under: Punch And Jurists, Jurisdiction

Ex Parte Mitsuye Endo, No. 70 (U.S. Supreme Court) (323 U.S. 283; 65 S.Ct. 208) (December 18, 2044) (Justice Douglas) by In this case, the Supreme Court considered the habeas corpus petition of a Japanese-American who had been placed in an internment camp and held that where a District Court …

U.S. v. Thomas, No. 98-1051 (2nd Cir.) (274 F.3d 655) (December 12, 2001) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Thomas, No. 98-1051 (2nd Cir.) (274 F.3d 655) (December 12, 2001) (Judge Jose A. Cabranes) by This is another one of the 49 decisions vacated and remanded by the Supreme Court “for further consideration in light of its decision in Apprendi”. Three defendants were convicted of conspiring to …

McCoy v. U.S., No. 00-16434 (11th Cir.) (266 F.3d 1245) (September 25, 2001) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Jurisdiction

McCoy v. U.S., No. 00-16434 (11th Cir.) (266 F.3d 1245) (September 25, 2001) (Judge Frank May Hull) by Here the Court held that an Apprendi error in failing to set forth drug quantity in the indictment is not a jurisdictional defect and thus may be waived; and it is subject …

U.S. v. Dinnall, No. 99-4936 (4th Cir.) (269 F.3d 418) (October 15, 2001) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Dinnall, No. 99-4936 (4th Cir.) (269 F.3d 418) (October 15, 2001) (Judge H. Emory Jr. Widener) by The defendant in this case pled guilty to a single count of a multi-count indictment, admitting that he had participated in a conspiracy to distribute an unspecified amount of cocaine base. …

U.S. v. Bjorkman, No. 99-3302 (7th Cir.) (270 F.3d 482) (October 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Bjorkman, No. 99-3302 (7th Cir.) (270 F.3d 482) (October 30, 2001) (Per Curiam) by Here, the Seventh Circuit held, inter alia, that Apprendi does not require that drug quantities be treated as an “element” of a drug crime and that the failure to include the quantity of drugs …

U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer) by Here a divided panel from the 9th Circuit held that the procedural requirements for filing an information to seek a sentencing enhancement under 21 USC § 851(a) is not jurisdictional in nature …

U.S. v. Cotton, No. 99-4162 (4th Cir.) (261 F.3d 397) (August 10, 2001) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Cotton, No. 99-4162 (4th Cir.) (261 F.3d 397) (August 10, 2001) (Judge J. Michael Luttig) by In this case the Fourth Circuit clarified the application of its holding in U.S. v. Promise, 255 F. 3d 150 (4th Cir. 2001), in an important way. In Promise, the Fourth Circuit …

U.S. v. Riza, No. 00-3732 (8th Cir.) (267 F.3d 757) (October 2, 2001) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Riza, No. 00-3732 (8th Cir.) (267 F.3d 757) (October 2, 2001) (Judge James B. Loken) by

U.S. v. Omoruyi, No. 00-4330 (3rd Cir.) (260 F.3d 291) (August 7, 2001) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Omoruyi, No. 00-4330 (3rd Cir.) (260 F.3d 291) (August 7, 2001) (Judge Morton I. Greenberg) by

U.S. v. Peterman, No. 99-3660 (6th Cir.) (249 F.3d 458) (April 30, 2001) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Peterman, No. 99-3660 (6th Cir.) (249 F.3d 458) (April 30, 2001) (Judge Allen E. Norris) by This case is one of the few that we have seen to interpret the scope of the so-called “savings clause” of 28 U.S.C. § 2255. While § 2255 is the primary avenue …

U.S. v. Farese, No. 98-4909 (11th Cir.) (248 F.3d 1056) (April 16, 2001) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Farese, No. 98-4909 (11th Cir.) (248 F.3d 1056) (April 16, 2001) (Judge Edward E. Carnes) by The defendants in this case exchanged some $ 1 million of large-denomination bills for small denomination bills, for which they received commissions of approximately $95,000. They pled guilty to one count of …

U.S. v. Tarkoff, No. 99-13223 (11th Cir.) (242 F.3d 991) (February 20, 2001) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Tarkoff, No. 99-13223 (11th Cir.) (242 F.3d 991) (February 20, 2001) (Judge Phyllis A. Kravitch) by The defendant in this case, a criminal defense lawyer, was convicted of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), and two counts of money laundering, in violation …