Search | Punch and Jurists

U.S. v. Reyes-Rodriguez, No. 02-2147 (10th Cir.) (344 F.3d 1071) (September 19, 2003) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Reyes-Rodriguez, No. 02-2147 (10th Cir.) (344 F.3d 1071) (September 19, 2003) (Judge Stephanie K. Seymour) by This is one of those decisions that raises troubling questions about the wisdom and the goals of the current U.S. policy that mandates lengthy periods of incarceration for illegal Mexican immigrants who …

U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (346 F.3d 963) (October 15, 2003) (Judge Richard R. Clifton)

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

Filed under: Punch And Jurists, Consent

U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (346 F.3d 963) (October 15, 2003) (Judge Richard R. Clifton) by The defendant in this case, Herman Soriano, was convicted of possession of stolen mail and receipt of a stolen U.S. Treasury check, both of which were discovered during a warrantless search …

U.S. v. Kim, No. 03 Cr. 413 (RPP) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 18637) (October 21, 2003) (Judge Robert P. Jr. Patterson)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Kim, No. 03 Cr. 413 (RPP) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 18637) (October 21, 2003) (Judge Robert P. Jr. Patterson) by In October, 2002, Steven Kim, a 57-year old naturalized citizen from Korea traveled to New York from his home in Illinois to draw attention to the suffering …

In Re: Application of the U.S. for a Roving Interception Order, No. 02-15635 (9th Cir.) (349 F.3d 1132) (November 19, 2003) (Judge Marsha L. Berzon)

Article • October 1, 2003 • from P&J September, 2010

Filed under: Punch And Jurists, Wiretap Applications

In Re: Application of the U.S. for a Roving Interception Order, No. 02-15635 (9th Cir.) (349 F.3d 1132) (November 19, 2003) (Judge Marsha L. Berzon) by Lately, there seems to be no limit to the powers that the F.B.I. wants - or abuses. This past week, the House Committee on …

U.S. v. McCain, No. CR 01-0344 MHP (N.D.Cal.) (271 F.Supp.2d 1187) (July 9, 2003) (Judge Marilyn H. Patel)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. McCain, No. CR 01-0344 MHP (N.D.Cal.) (271 F.Supp.2d 1187) (July 9, 2003) (Judge Marilyn H. Patel) by Here the Court held that a warrant affidavit, which suggested that the probable cause information was received from a “confidential reliable source” when it actually came from a wiretap was so …

U.S. v. Dowdell, No. Crim.A.3:02CR00107 (W.D.Va.) (272 F.Supp.2d 583) (July 23, 2003) (Judge James H. Jr. Michael)

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

Filed under: Punch And Jurists

U.S. v. Dowdell, No. Crim.A.3:02CR00107 (W.D.Va.) (272 F.Supp.2d 583) (July 23, 2003) (Judge James H. Jr. Michael) by The Court held that even though the parties made a mutual mistake about which Guideline version applied (resulting in a huge sentence icrease), the defendant was not entitled to any relief since …

U.S. v. Perella, No. Crim. No. 02-10141-NG (D.Mass.) (273 F.Supp.2d 162) (July 30, 2003) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Perella, No. Crim. No. 02-10141-NG (D.Mass.) (273 F.Supp.2d 162) (July 30, 2003) (Judge Nancy Gertner) by In this sentencing memorandum, Judge Gertner explained her reasons for imposing a sentence of probation on the defendant, Anthony Perella, who had acted as the getaway driver in three separate bank robberies …

Ashker v. California Dept. of Corrections, No. 02-17077 (9th Cir.) (350 F.3d 917) (November 18, 2003) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Prison Mail

Ashker v. California Dept. of Corrections, No. 02-17077 (9th Cir.) (350 F.3d 917) (November 18, 2003) (Judge A. Wallace Tashima) by Here the Court affirmed an injunction barring the California Department of Corrections from requiring that parcels of books and magazines sent to prisoners have an approved vendor label affixed …

U.S. v. Miller, No. 02-3831 (7th Cir.) (343 F.3d 888) (September 8, 2003) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Remorse

U.S. v. Miller, No. 02-3831 (7th Cir.) (343 F.3d 888) (September 8, 2003) (Judge Michael S. Kanne) by The defendant in this case was convicted for possession of child pornography after his wife discovered images on a computer. A search of the computer revealed 700 to 750 images of child …

Scicluna v. Wells, No. 02-2117 (6th Cir.) (345 F.3d 441) (October 2, 2003) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Deliberate Indifference

Scicluna v. Wells, No. 02-2117 (6th Cir.) (345 F.3d 441) (October 2, 2003) (Judge Ronald Lee Gilman) by Scicluna v. Wells, 345 F.3d 441 (6th Cir. 2003) (Judge Gilman) Majors v. Ridley-Turner, 277 F.Supp.2d 916 (N.D.Ind. 2003) (Judge Sharp) The decisions in these two cases help to explain why so …

Estes v. Federal Bureau of Prisons, No. Civ. No. 03-0070-CB-L (S.D.Ala.) (273 F.Supp.2d 1301) (July 24, 2003) (Judge Charles R. Jr. Butler)

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

Filed under: Punch And Jurists, 10% Limitation

Estes v. Federal Bureau of Prisons, No. Civ. No. 03-0070-CB-L (S.D.Ala.) (273 F.Supp.2d 1301) (July 24, 2003) (Judge Charles R. Jr. Butler) by Plaintiff prisoners challenged a policy of defendant federal bureau of prisons (BOP) which addressed the incarceration of federal prisoners in Community Corrections Centers (CCCs) and provided that …

U.S. v. Cassese, No. 03 Cr. 302 (RWS) (S.D.N.Y.) (273 F.Supp.2d 481) (July 23, 2003) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Misappropriation Liability/Theory

U.S. v. Cassese, No. 03 Cr. 302 (RWS) (S.D.N.Y.) (273 F.Supp.2d 481) (July 23, 2003) (Judge Robert W. Sweet) by The defendant in this case, John Cassese, was the President of a computer company that provided temporary staffing of computer and information technology personnel. In 1999, he began meeting with …

Majors v. Ridley-Turner, No. 3:03-CV-0585 AS (N.D.Ind.) (277 F.Supp.2d 916) (August 18, 2003) (Judge Allen Sharp)

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

Filed under: Punch And Jurists, Deliberate Indifference

Majors v. Ridley-Turner, No. 3:03-CV-0585 AS (N.D.Ind.) (277 F.Supp.2d 916) (August 18, 2003) (Judge Allen Sharp) by Here the Court held that a series of barbaric and incompetent acts by prison dentists on an unmate die not rise to the level of deliberate indifference required by the Eighth Amendment since …

Bennett ex rel. Estate of Bennett v. F.B.I., No. CIV.A. 02-11802-RCL (D.Mass.) (278 F.Supp.2d 104) (August 21, 2003) (Judge Reginald C. Lindsay)

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

Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)

Bennett ex rel. Estate of Bennett v. F.B.I., No. CIV.A. 02-11802-RCL (D.Mass.) (278 F.Supp.2d 104) (August 21, 2003) (Judge Reginald C. Lindsay) by In an action brought by plaintiff, the executor of decedent's estate, for wrongful death and conscious suffering under Massachusetts law, defendant government moved to dismiss claims against …

U.S. v. Burke, No. 02-5470 (6th Cir.) (345 F.3d 416) (October 1, 2003) (Judge John M. Rogers)

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

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

U.S. v. Burke, No. 02-5470 (6th Cir.) (345 F.3d 416) (October 1, 2003) (Judge John M. Rogers) by This case is noted for its up-to-date review of the law on video-conferencing and when it is permitted in Federal criminal cases. The Court noted that most of the cases have traced …

U.S. v. DeJesus, No. 02-1394 (3rd Cir.) (347 F.3d 500) (October 17, 2003) (Judge Julio M. Fuentes)

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

Filed under: Punch And Jurists, Batson Claims

U.S. v. DeJesus, No. 02-1394 (3rd Cir.) (347 F.3d 500) (October 17, 2003) (Judge Julio M. Fuentes) by Here a divided panel rejected a Batson challenge by the defense, holding that the Equal Protection Clause did not bar the Government from using peremptory challenges to remove two potential jurors based …

U.S. v. Delvi, No. 01 CR.0074 SAS (S.D.N.Y.) (275 F.Supp.2d 412) (June 17, 2003) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Excited Utterance

U.S. v. Delvi, No. 01 CR.0074 SAS (S.D.N.Y.) (275 F.Supp.2d 412) (June 17, 2003) (Judge Shira A. Scheindlin) by In the case the Government notified the defense that it intended to call a retired police detective to testify to certain events related to the murder of one person and the …

U.S. v. Bonas, No. 02-50631 (9th Cir.) (344 F.3d 945) (September 17, 2003) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists

U.S. v. Bonas, No. 02-50631 (9th Cir.) (344 F.3d 945) (September 17, 2003) (Judge Alex Kozinski) by Here the Court reversed the district court's determination that there was a "manifest necessity" to declare a mistrial, holding that the finding was unsupported by the record and was based on Harry Potter …

U.S. v. York, No. 5:02-CR-27(HL) (M.D.Ga.) (274 F.Supp.2d 1347) (July 18, 2003) (Judge Hugh Lawson)

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

Filed under: Punch And Jurists, Rule 11(c)(1)

U.S. v. York, No. 5:02-CR-27(HL) (M.D.Ga.) (274 F.Supp.2d 1347) (July 18, 2003) (Judge Hugh Lawson) by In this case, the defendant and the Government reached agreement on a plea agreement that provided for a 15-year term of imprisonment. When the agreement was presented to Judge Lawson, he refused to accept …

U.S. v. Norris, No. 99-CR-705 (JBW) (E.D.N.Y.) (277 F.Supp.2d 189) (August 13, 2003) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. Norris, No. 99-CR-705 (JBW) (E.D.N.Y.) (277 F.Supp.2d 189) (August 13, 2003) (Judge Jack B. Weinstein) by