Search | Punch and Jurists

U.S. v. Rodriquez, No. 04-12676 (11th Cir.) (406 F.3d 1261) (April 19, 2005) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Rodriquez, No. 04-12676 (11th Cir.) (406 F.3d 1261) (April 19, 2005) (Judge James Larry Edmondson) by In this case (Rodriguez II), Judge Carnes lashed out at some of the growing criticism of his rigid plain-error stance on Booker appeals. Earlier, in a decision written by Judge Carnes and …

U.S. v. Hughes, No. 03-4172 (4th Cir.) (401 F.3d 540) (March 16, 2005) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Hughes, No. 03-4172 (4th Cir.) (401 F.3d 540) (March 16, 2005) (Judge William W. Jr. Wilkins) by Defendant appealed the judgment of the United States District Court for the District of Maryland, at Greenbelt, convicting him of three counts of bankruptcy fraud, in violation of 18 U.S.C. § …

U.S. v. Dazey, No. 03-6187 (10th Cir.) (403 F.3d 1147) (April 13, 2005) (Judge Michael W. McConnell)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Dazey, No. 03-6187 (10th Cir.) (403 F.3d 1147) (April 13, 2005) (Judge Michael W. McConnell) by Defendants, a leader, a financial manager, an international financier, and a sales and customer service representative, were convicted of conspiracy to commit wire fraud, wire fraud, securities fraud, and/or money laundering in …

U.S. v. Coles, No. 03-3113 (D.C. Cir.) (403 F.3d 764) (April 8, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Coles, No. 03-3113 (D.C. Cir.) (403 F.3d 764) (April 8, 2005) (Per Curiam) by Here, the D.C. Circuit became the third Circuit Court to adopt the "middle" position of "let's ask when in doubt" plain-error standard when deciding whether to remand a case based on a claimed Booker …

U.S. v. Gonzalez-Huerta, No. 04-2045 (10th Cir.) (403 F.3d 727) (April 8, 2005) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Gonzalez-Huerta, No. 04-2045 (10th Cir.) (403 F.3d 727) (April 8, 2005) (Judge Deanell R. Tacha) by Appellant pleaded guilty to illegal reentry by a deported alien and in determining his sentence, the U.S. District Court for the District of New Mexico did not rely upon judge-found facts, but …

U.S. v. Paladino, No. 03-2296 (7th Cir.) (401 F.3d 471) (February 25, 2005) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Paladino, No. 03-2296 (7th Cir.) (401 F.3d 471) (February 25, 2005) (Judge Richard A. Posner) by In this case, the Seventh Circuit consolidated several cases in which the district courts had enhanced the defendants’ sentences on the basis of facts not determined by the jury, but where the …

U.S. v. Rodriguez, No. 04-12676 (11th Cir.) (398 F.3d 1291) (February 4, 2005) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Rodriguez, No. 04-12676 (11th Cir.) (398 F.3d 1291) (February 4, 2005) (Judge Edward E. Carnes) by U.S. v. Labastida-Segura, 396 F.3d 1140 (10th Cir. 02/04/2005) (Judge Kelly) U.S. v. Rodriguez, 398 F.3d 1291 (11th Cir. 02/04/05) (Judge Carnes) One of the major Booker disagreements that has developed among …

U.S. v. Ameline, No. 02-39326 (9th Cir.) (400 F.3d 646) (February 9, 2005) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Ameline, No. 02-39326 (9th Cir.) (400 F.3d 646) (February 9, 2005) (Judge Richard A. Paez) by The defendant, Alfred Ameline, pled guilty to the possession of a detectible amount of methamphetamine. He was sentenced to 150 months in prison, based on the district court’s determination, by a preponderance …

U.S. v. Hugs, No. 02-30390 (9th Cir.) (384 F.3d 762) (September 13, 2004) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Hugs, No. 02-30390 (9th Cir.) (384 F.3d 762) (September 13, 2004) (Judge Arthur L. Alarcon) by Defendant was convicted of involuntary manslaughter in violation of 18 U.S.C. §§ 1153 and 1112. The United States District Court for the District of Montana sentenced defendant. Defendant appealed his conviction and …

Alaniz v. U.S., No. 02-2575 (8th Cir.) (351 F.3d 365) (December 9, 2003) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Statutory Maximum

Alaniz v. U.S., No. 02-2575 (8th Cir.) (351 F.3d 365) (December 9, 2003) (Judge David R. Hansen) by Here, as a matter of first impression for the Eighth Circuit, the Court joined with the Second, Fourth, Sixth and Seventh Circuits in holding that a second, uncharged drug type cannot be …

U.S. v. Gibson, No. 02-2051 (7th Cir.) (356 F.3d 761) (January 28, 2004) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Statutory Maximum

U.S. v. Gibson, No. 02-2051 (7th Cir.) (356 F.3d 761) (January 28, 2004) (Judge Michael S. Kanne) by In July of 1999, James Gibson, the defendant in this case, was indicted on eight counts stemming from his activities as owner and president of a company engaged in the sale of …

U.S. v. Delgado Garcia, No. 2:00-CR-276-PGC (D.Utah) (282 F.Supp.2d 1299) (September 19, 2003) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Timeliness

U.S. v. Delgado Garcia, No. 2:00-CR-276-PGC (D.Utah) (282 F.Supp.2d 1299) (September 19, 2003) (Judge Paul G. Cassell) by

Chapman v. California, No. 95 (U.S. Supreme Court) (386 U.S. 18; 87 S.Ct. 824) (February 20, 2067) (Justice Black)

Article • August 14, 2003

Filed under: Punch And Jurists, Plain Error

Chapman v. California, No. 95 (U.S. Supreme Court) (386 U.S. 18; 87 S.Ct. 824) (February 20, 2067) (Justice Black) by This seminal case on the differences between plain and harmless error held that before a court can determine that an error is harmless it must be able to declare its …

U.S. v. Romano, No. 00-11505 (11th Cir.) (314 F.3d 1279) (December 20, 2002) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Romano, No. 00-11505 (11th Cir.) (314 F.3d 1279) (December 20, 2002) (Judge Gerald B. Tjoflat) by This case is noted for its rare - but refreshing - departure from what is rapidly becoming the standard judicial refrain to almost every claim of error under Fed.R.Crim.P. 52(b) - namely …

U.S. v. Minore, No. 99-30381 (9th Cir.) (302 F.3d 1065) (September 10, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Minore, No. 99-30381 (9th Cir.) (302 F.3d 1065) (September 10, 2002) (Per Curiam) by

U.S. v. Lane, No. 84-744 (U.S. Supreme Court) (474 U.S. 438; 106 S.Ct. 725) (January 27, 1986) (Justice Burger)

Article • September 9, 2002

Filed under: Punch And Jurists, Plain Error

U.S. v. Lane, No. 84-744 (U.S. Supreme Court) (474 U.S. 438; 106 S.Ct. 725) (January 27, 1986) (Justice Burger) by The defendants in this case were indicted on multiple counts of mail fraud, conspiracy, and perjury in violation of 18 U.S.C. §§ 1341, 371, and 1623, respectively. Prior to trial, …

U.S. v. Carter, No. 98-4912 (4th Cir.) (300 F.3d 415) (July 30, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Carter, No. 98-4912 (4th Cir.) (300 F.3d 415) (July 30, 2002) (Per Curiam) by Here the Court held that plain Apprendi error in not submitting drug quantity to jury would not be noticed due to “overwhelming evidence” of drug quantities supporting sentences in excess of statutory maximums.

U.S. v. Carrington, No. 99-4537 (4th Cir.) (301 F.3d 204) (August 22, 2002) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Carrington, No. 99-4537 (4th Cir.) (301 F.3d 204) (August 22, 2002) (Judge Paul V. Niemeyer) by Here the Court held that, although a sentence based on 1) an indictment that failed to specify drug quantity and 2) absence of a jury finding as to quantity, was plain error …

U.S. v. Campbell, No. 00-1698 (3rd Cir.) (295 F.3d 398) (July 2, 2002) (Judge Julio M. Fuentes)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Campbell, No. 00-1698 (3rd Cir.) (295 F.3d 398) (July 2, 2002) (Judge Julio M. Fuentes) by Here the Court held that even though the defendant's 22-year sentence violated the Apprendi rule, the error did not affect the defendant's substantial rights nor seriously affect the fairness, integrity or public …

U.S. v. Randle, No. 97-20360 (5th Cir.) (304 F.3d 373) (August 26, 2002) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Randle, No. 97-20360 (5th Cir.) (304 F.3d 373) (August 26, 2002) (Judge Edith H. Jones) by Travis Randle is going to spend a long, long time in prison wondering how the U.S. system of justice works. In 1996, he and eight co-defendants were tried for and convicted of …