Search | Punch and Jurists

U.S. v. Ray, No. CR 02-55-M-DWM (D.Mont.) (273 F.Supp.2d 1160) (July 29, 2003) (Judge Donald W. Molloy)

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

Filed under: Punch And Jurists, Reporting Requirements

U.S. v. Ray, No. CR 02-55-M-DWM (D.Mont.) (273 F.Supp.2d 1160) (July 29, 2003) (Judge Donald W. Molloy) by Here Judge Molloy refused a Government request to reconsider a standing order that required the U.S. Attorney's office in Montana to assemble the data required to comply with the court's reporting requirements …

U.S. v. Doe, No. 02-1362 (2nd Cir.) (348 F.3d 64) (October 29, 2003) (Per Curiam)

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

Filed under: Recusal, Punch And Jurists

U.S. v. Doe, No. 02-1362 (2nd Cir.) (348 F.3d 64) (October 29, 2003) (Per Curiam) by Here the Court reversed a sentence imposed by Judge Platt and recused him from the resentencing, holding that the sentence he had imposed had been “improperly affected” by his “annoyance” with the U.S. Attorney’s …

U.S. v. Sampson, No. Cr. 01-10384-MLW (D.Mass.) (275 F.Supp.2d 49) (August 11, 2003) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Sampson, No. Cr. 01-10384-MLW (D.Mass.) (275 F.Supp.2d 49) (August 11, 2003) (Judge Mark L. Wolf) by Defendant was charged with carjacking resulting in death. The United States Attorney General filed a notice of intention to seek the death penalty. Defendant moved to dismiss the death penalty charges and …

U.S. v. Diaz, No. 2:02CR530 (D.Utah) (274 F.Supp.2d 1225) (August 4, 2003) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

U.S. v. Diaz, No. 2:02CR530 (D.Utah) (274 F.Supp.2d 1225) (August 4, 2003) (Judge J. Thomas Greene) by This is a scathing decision in which a livid Judge Greene blasted the Government for attempting to use blatant “forum and jurisdiction shopping” as a means of seizing total control over all aspects …

O'Bryan v. Bureau of Prisons, No. 02-4012 (7th Cir.) (349 F.3d 399) (November 10, 2003) (Judge Frank H. Easterbrook)

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

Filed under: Religious Freedom Restoration Act, Punch And Jurists

O'Bryan v. Bureau of Prisons, No. 02-4012 (7th Cir.) (349 F.3d 399) (November 10, 2003) (Judge Frank H. Easterbrook) by The petitioner in this case, a federal inmate, sought relief under the Religious Freedom Restoration Act (RFRA) (42 U.S.C § 2000(bb)) from what he said was the BOP’s improper interference …

U.S. v. Perkins, No. 02-15891 (11th Cir.) (348 F.3d 965) (October 22, 2003) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Perkins, No. 02-15891 (11th Cir.) (348 F.3d 965) (October 22, 2003) (Judge Rosemary Barkett) by Here the Court affirmed a suppression motion, holding that the police had unreasonably prolonged a traffic stop of two defendants, when they had no reasonable basis to detain them; and that extreme nervousness …

U.S. v. McHan, No. 01-2060 (4th Cir.) (345 F.3d 262) (September 29, 2003) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists

U.S. v. McHan, No. 01-2060 (4th Cir.) (345 F.3d 262) (September 29, 2003) (Judge Paul V. Niemeyer) by This case is noted for its detailed summary of the scope and the legislative history of the enormously potent Criminal Forfeiture Act of 1984 (21 U.S.C. § 853), which creates a rebuttable …

International Union, United Auto. v. Winters, No. 5:00-CV-21 (W.D.Mich.) (278 F.Supp.2d 880) (April 7, 2003) (Judge David W. McKeague)

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

Filed under: Punch And Jurists, Special Needs Exception

International Union, United Auto. v. Winters, No. 5:00-CV-21 (W.D.Mich.) (278 F.Supp.2d 880) (April 7, 2003) (Judge David W. McKeague) by Here, relying on the "special needs" exception to the Fourth Amendment, the Court rejected a union challenge that Michigan’s random, suspicionless drug and alcohol testing program of four categories of …

U.S. v. Gonzales, No. 01-2186 (10th Cir.) (344 F.3d 1036) (April 29, 2003) (Judge Mary Beck Briscoe)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Gonzales, No. 01-2186 (10th Cir.) (344 F.3d 1036) (April 29, 2003) (Judge Mary Beck Briscoe) by During the course of a complex criminal prosecution of 23 members of an Albuquerque street gang for various crimes, Judge Vazquez of the D.N.Mex. found that the lead prosecutor in the case, …

U.S. v. Wilson, No. H-82-139 (S.D.Tex.) (289 F.Supp.2d 801) (October 27, 2003) (Judge Lynn N. Hughes)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Wilson, No. H-82-139 (S.D.Tex.) (289 F.Supp.2d 801) (October 27, 2003) (Judge Lynn N. Hughes) by Here the Court vacated a 1983 conviction of former CIA operative, Edwin Wilson, for selling tons of explosives to Libya, after finding that prosecutors and high level Government officials knowingly used false testimony …

Harper v. Vaughn, No. Civ. No. 98-728 (E.D.Pa.) (272 F.3d 527) (July 23, 2003) (Judge Jan E. Dubois)

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

Filed under: Punch And Jurists

Harper v. Vaughn, No. Civ. No. 98-728 (E.D.Pa.) (272 F.3d 527) (July 23, 2003) (Judge Jan E. Dubois) by This case is noted for its timely review of the three different approaches taken by the federal courts on the question of whether a Rule 60(b) motion to vacate a judgment …

U.S. v. Shryock, No. 97-50458 (9th Cir.) (342 F.3d 948) (September 4, 2003) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Shryock, No. 97-50458 (9th Cir.) (342 F.3d 948) (September 4, 2003) (Judge Stephen S. Trott) by Here, as an issue of first impression for the Ninth Circuit, the Court joined with nine other Circuits in holding that a trial court’s decision to empanel an anonymous jury is entitled …

U.S. v. Awadallah, No. 02-1269 (2nd Cir.) (349 F.3d 42) (November 7, 2003) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Material Witness Statute

U.S. v. Awadallah, No. 02-1269 (2nd Cir.) (349 F.3d 42) (November 7, 2003) (Judge Dennis G. Jacobs) by Here, reversing two lengthy decisions by Judge Scheindlin, the panel gave its wholesale endorsement to the Government's post-9/11 policy of using the Material Witness Statute to arrest and detain indefinitely grand jury …

U.S. v. Curbelo, No. 02-4194 (4th Cir.) (343 F.3d 273) (September 11, 2003) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Jurors - Removal/Excusing

U.S. v. Curbelo, No. 02-4194 (4th Cir.) (343 F.3d 273) (September 11, 2003) (Judge Carolyn Dineen King) by In this case, citing the provisions of Rule 23(b) of the Fed.R.Crim.P., a divided panel held that the district court had committed structural error, requiring reversal without any showing of prejudice, by …

U.S. v. VanHorn, No. 02-3687 (8th Cir.) (344 F.3d 729) (October 1, 2003) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. VanHorn, No. 02-3687 (8th Cir.) (344 F.3d 729) (October 1, 2003) (Judge David R. Hansen) by The defendant in this case argued that the district court abdicated its judicial function under the Mandatory Victims Restitution Act of 1996, 18 U.S.C. § 3664, by setting the restitution schedule in …

Cutter v. Wilkinson, No. 02-3270 (6th Cir.) (349 F.3d 257) (November 7, 2003) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Religious Freedom/Worship

Cutter v. Wilkinson, No. 02-3270 (6th Cir.) (349 F.3d 257) (November 7, 2003) (Judge Ronald Lee Gilman) by Here the Court held that a portion of the Religious Land Use and Institutionalized Persons Act (RLUIPA) violated the Establishment Clause and was unconstitutional because it fostered excessive involvement of the Government …

Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson) by In 1995, a Federal grand jury charged Eddie D. Smith, then a prison guard at the Federal Medical Center in Lexington, KY (“FMC”), with eight counts of sexual misconduct against four different …

Benton v. Ashcroft, No. 03 CV 0270 BTM(LSP) (S.D.Cal.) (273 F.Supp.2d 1139) (July 25, 2003) (Judge Barry Ted Moskowitz)

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

Filed under: Punch And Jurists

Benton v. Ashcroft, No. 03 CV 0270 BTM(LSP) (S.D.Cal.) (273 F.Supp.2d 1139) (July 25, 2003) (Judge Barry Ted Moskowitz) by Petitioner inmate sought a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging her sentence and confinement by the Federal Bureau of Prisons (BOP) in a federal correction …

U.S. v. Williams, No. 02-2928 (3rd Cir.) (344 F.3d 365) (September 18, 2003) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Legal or Factual Challenges - assertion of

U.S. v. Williams, No. 02-2928 (3rd Cir.) (344 F.3d 365) (September 18, 2003) (Judge Marjorie O. Rendell) by Here, notwithstanding the language contained in Application Note 1(a) of U.S.S.G. § 3E1.1 (which states that “a defendant who falsely denies, or frivolously contests, relevant conduct that the court determines to be …

U.S. v. Lentz, No. Crim. No. 01-150-A (E.D.Va.) (275 F.Supp.2d 723) (July 22, 2003) (Judge Gerald Bruce Lee)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Lentz, No. Crim. No. 01-150-A (E.D.Va.) (275 F.Supp.2d 723) (July 22, 2003) (Judge Gerald Bruce Lee) by Defendant was charged with kidnapping resulting in the death of his ex-wife in violation of the Federal Kidnapping Act, 18 U.S.C. § 1201. Defendant filed a motion for judgment of acquittal, …