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Article • September 1, 1997 • from P&J September, 1997
U.S. v. Collins, No. 96-30115 (9th Cir.) (118 F.3d 1394) (July 9, 1997) (Judge Jr. William C. Canby) by Case held that application of new statute authorizing reimposition of supervised release following termination of earlier term violated the Ex Post Facto Clause. For contrary views see U.S. v. Page, 131 …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Dozier, No. 96-5785 (3rd Cir.) (119 F.3d 239) (July 18, 1997) (Judge Walter K. Stapleton) by In this case the Court acknowledged that supervised release is "punishment" for purposes of the Ex Post Facto Clause. It wrote: "Supervised release is punishment; it is a deprivation of some portion …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Dozier, No. 96-5785 (3rd Cir.) (119 F.3d 239) (July 18, 1997) (Judge Walter K. Stapleton) by
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Mele, No. 96-1477 (2nd Cir.) (117 F.3d 73) (July 7, 1997) (Per Curiam) by Joining several other circuits, court holds that 18 U.S.C. § 3651 (repealed 1987) permits district courts to revoke probation based on pre-probation conduct.
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Czubinski, No. 06-1317 (1st Cir.) (106 F.3d 1069) (February 21, 1997) (Judge Juan R. Torruella) by Here the Court threw out a series wire and computer fraud convictions, stating that those statutes must not be used to prosecute kinds of behavior that, while offensive to the aesthetics of …
Article • September 1, 1996 • from P&J September, 1996
U.S. v. St. John, No. 95-3665 (8th Cir.) (92 F.3d 761) (August 19, 1996) (Judge Theodore McMillian) by Case held that no ex post facto violation arose from the fact that revocation of sentence imposed upon defendant included both term of imprisonment and new term of supervised release. The defendant …
Article • August 1, 1996 • from P&J August, 1996
U.S. v. Brady, No. 95-3660 (3rd Cir.) (88 F.3d 225) (June 28, 1996) (Judge Theodore A. McKee) by This decision should be read in conjunction with the Third Circuit's later decision on the same isse - U.S. v. Dozier, 119 F.3d 239 (3rd Cir. 1997) - where the Court stated …
Article • August 1, 1996 • from P&J August, 1996
U.S. v. Beals, No. 95-3415 (7th Cir.) (87 F.3d 854) (June 20, 1996) (Judge Walter J. Cummings) by Although this decision was later overruled, the Court held that a statute authorizing reimposition of new term of supervised release which was enacted after original crime of conviction was unconstitutional as violation …
Article • March 1, 1996 • from P&J July, 1996
U.S. v. Lin Lyn Trading, Ltd., No. 94-CR-168G (D.Utah) (911 F.Supp. 494) (January 11, 1996) (Judge J. Thomas Greene) by This decision explores the scope of Rule 16(a)(1)(A) of the Fed.R.Crim.P., which deals with the rights of an organization, such as a partnership or a corporation, to compel discovery of …
Article • January 1, 1996 • from P&J January, 1996
U.S. v. Jackson, No. 95-5761 (6th Cir.) (70 F.3d 874) (November 27, 1995) (Judge Cornelia G. Kennedy) by
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