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U.S. v. Freeman, No. 01-3475 (3rd Cir.) (316 F.3d 386) (January 6, 2003) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Freeman, No. 01-3475 (3rd Cir.) (316 F.3d 386) (January 6, 2003) (Judge Jane R. Roth) by U.S. v. Lee, 315 F.3d 206 (3rd Cir. 2003) (Judge Ward) U.S. v. Freeman, 316 F.3d 386 (3rd Cir. 2003) (Judge Roth) As these two cases show, the Courts continue to struggle …

U.S. v. Lee, No. 01-4485 (3rd Cir.) (315 F.3d 206) (January 7, 2003) (Judge Robert J. Ward)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Lee, No. 01-4485 (3rd Cir.) (315 F.3d 206) (January 7, 2003) (Judge Robert J. Ward) by U.S. v. Lee, 315 F.3d 206 (3rd Cir. 2003) (Judge Ward) U.S. v. Freeman, 316 F.3d 386 (3rd Cir. 2003) (Judge Roth) As these two cases show, the Courts continue to struggle …

U.S. v. Erwin, No. 01-5221 (10th Cir.) (299 F.3d 1230) (August 21, 2002) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Erwin, No. 01-5221 (10th Cir.) (299 F.3d 1230) (August 21, 2002) (Judge Diana E. Murphy) by Here the Court held that the district court had abused its discretion in prohibiting the defendant from engaging in commercial fishing as a special condition of supervised release because the condition was …

U.S. v. Modena, No. 00-2477 (6th Cir.) (302 F.3d 626) (September 9, 2002) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Modena, No. 00-2477 (6th Cir.) (302 F.3d 626) (September 9, 2002) (Judge Ronald Lee Gilman) by In an appeal from conviction for tax-evasion,the Sixth Circuit held that the district court had abused its discretion in requiring defendant to undergo testing and treatment for drug and alcohol abuse, and …

U.S. v. Hebroni, No. 02-1106 (2nd Cir.) (2002 U.S. App. LEXIS 4120) (March 13, 2002) (Per Curiam)

Article • April 1, 2002 • from P&J November, 2003

Filed under: Punch And Jurists, Special Conditions

U.S. v. Hebroni, No. 02-1106 (2nd Cir.) (2002 U.S. App. LEXIS 4120) (March 13, 2002) (Per Curiam) by United States v. Hebroni, No. 02-1106 (2nd Cir. 03/13/2002) (Per Curiam) (Unpublished) United States v. Speed Joyeros, S.A., No. 00 CR 960 (E.D.N.Y. 2002) (Judge Weinstein) In the 4/15/02 issue of P&J, …

U.S. v. Hebroni, No. 00 CR 960 (E.D.N.Y.) (187 F.Supp.2d 75) (February 12, 2002) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Hebroni, No. 00 CR 960 (E.D.N.Y.) (187 F.Supp.2d 75) (February 12, 2002) (Judge Jack B. Weinstein) by For decades it has often seemed as if Judge Weinstein was one of the few judges who really understood the enormous advantages that the Government achieves by throwing defendants in jail …

U.S. v. Sofsky, No. 01-1097 (2nd Cir.) (287 F.3d 122) (March 28, 2002) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Sofsky, No. 01-1097 (2nd Cir.) (287 F.3d 122) (March 28, 2002) (Judge Jon O. Newman) by The defendant in this case pled guilty to receiving child pornography on the third day of his trial, after the Government presented evidence that he had received on his home computer via …

U.S. v. Mills, No. 98-CR-166 (E.D.Wisc.) (186 F.Supp.2d 965) (January 31, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Mills, No. 98-CR-166 (E.D.Wisc.) (186 F.Supp.2d 965) (January 31, 2002) (Judge Lynn S. Adelman) by Here, Judge Adelman took issue with the Ninth Circuit and, in a text book example of statutory construction, held that halfway-house detention cannot lawfully be imposed as a condition of supervised release under …

U.S. v. Walser, No. 01-8019 (10th Cir.) (275 F.3d 981) (December 28, 2001) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Walser, No. 01-8019 (10th Cir.) (275 F.3d 981) (December 28, 2001) (Judge Stephanie K. Seymour) by Here, somewhat modifying its prior precedent which had rejected a broad prohibition against use of the Internet during a term of supervised release, the Court upheld such a restriction since the use …

U.S. v. Paul, No. 00-41299 (5th Cir.) (274 F.3d 155) (November 19, 2001) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Paul, No. 00-41299 (5th Cir.) (274 F.3d 155) (November 19, 2001) (Judge Carolyn Dineen King) by Here the Court affirmed several special conditions of supervised release for a person convicted of various child pornography crimes, including a prohibition on the use of the Internet and a prohibition on …

Tremper v. Ulster County Dept. of Probation, No. 01-CV-1125 (N.D.N.Y.) (160 F.Supp.2d 352) (August 22, 2001) (Judge David N. Hurd)

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

Filed under: Punch And Jurists, Special Conditions

Tremper v. Ulster County Dept. of Probation, No. 01-CV-1125 (N.D.N.Y.) (160 F.Supp.2d 352) (August 22, 2001) (Judge David N. Hurd) by

Yahweh v. U.S. Parole Com'n., No. 01-2848-CIV-MOORE (S.D.Fla.) (158 F.Supp.2d 1332) (August 15, 2001) (Judge K. Michael Moore)

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

Filed under: Punch And Jurists, Special Conditions

Yahweh v. U.S. Parole Com'n., No. 01-2848-CIV-MOORE (S.D.Fla.) (158 F.Supp.2d 1332) (August 15, 2001) (Judge K. Michael Moore) by Here the Court rejected challenges under both the First Amendment and the Religious Freedoms Restoration Act to an unusually broad series of parole conditions that barred a religious leader from associating …

U.S. v. White, No. 00-2318 (10th Cir.) (244 F.3d 1199) (March 27, 2001) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. White, No. 00-2318 (10th Cir.) (244 F.3d 1199) (March 27, 2001) (Judge John C. Porfilio) by In this case the Court overturned a special condition of probation requiring that the defendant "shall not possess a computer with Internet access throughout his period of supervised release." (Id., at 1201). …

U.S. v. Kingsley, No. 98-6274 (6th Cir.) (241 F.3d 828) (March 7, 2001) (Judge Robert B. Krupansky)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Kingsley, No. 98-6274 (6th Cir.) (241 F.3d 828) (March 7, 2001) (Judge Robert B. Krupansky) by Here the Court upheld a special condition of supervised release allowing for random, warrantless searches of the defendant or his property by hisprobation officer as a justifiable means of enforcing the prohibition …

U.S. v. Peterson, No. 00-1373 (2nd Cir.) (248 F.3d 79) (April 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Peterson, No. 00-1373 (2nd Cir.) (248 F.3d 79) (April 30, 2001) (Per Curiam) by This is a rare case in which the Court vacated a series of exceptionally broad and onerous special conditions of probation that were imposed on a defendant convicted of bank robbery but which were …

U.S. v. Guagliardo, No. 01-50066 (9th Cir.) (278 F.3d 868) (January 17, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Guagliardo, No. 01-50066 (9th Cir.) (278 F.3d 868) (January 17, 2002) (Per Curiam) by

U.S. v. Loy, No. 99-3827 (3rd Cir.) (237 F.3d 251) (January 4, 2001) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Loy, No. 99-3827 (3rd Cir.) (237 F.3d 251) (January 4, 2001) (Judge Edward R. Becker) by Here the Court held that challenges to special conditions of supervised release must be made at the time of the defendant’s direct appeal; and it then vacated, as unconstitutionally vague, a condition …

U.S. v. Pinjuv, No. 99-10597 (9th Cir.) (218 F.3d 1125) (July 21, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Pinjuv, No. 99-10597 (9th Cir.) (218 F.3d 1125) (July 21, 2000) (Judge Arthur L. Alarcon) by United States v. Bull, 214 F.3d 1275 (11th Cir. 2000) (Judge Roney) United States v. Pinjuv, 218 F.3d 1125 (9th Cir. 2000) (Judge Alarcon) According to the latest Department of Justice Statistics, …

U.S. v. Bull, No. 98-3835 (11th Cir.) (214 F.3d 1275) (June 12, 2000) (Judge Paul H. Roney)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Bull, No. 98-3835 (11th Cir.) (214 F.3d 1275) (June 12, 2000) (Judge Paul H. Roney) by United States v. Bull, 214 F.3d 1275 (11th Cir. 2000) (Judge Roney) United States v. Pinjuv, 218 F.3d 1125 (9th Cir. 2000) (Judge Alarcon) According to the latest Department of Justice Statistics, …

U.S. v. Kent, No. 99-2004 (8th Cir.) (209 F.3d 1073) (April 19, 2000) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Kent, No. 99-2004 (8th Cir.) (209 F.3d 1073) (April 19, 2000) (Judge Donald P. Lay) by Approximately a year after the defendant in this case was sentenced, District Judge Piersol of South Dakota, upon a motion of the Government, filed an amended judgment adding two conditions of supervised …