Search | Punch and Jurists

U.S. v. Miguel, No. 01-10538 (9th Cir.) (338 F.3d 995) (July 23, 2003) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Juvenile Offenses/Offenders

U.S. v. Miguel, No. 01-10538 (9th Cir.) (338 F.3d 995) (July 23, 2003) (Judge Thomas G. Nelson) by Defendants were convicted of felony murder, attempted robbery, attempted burglary, and several firearms charges. The District Court sentenced defendants to life imprisonment on the felony murder convictions, and to other terms of …

McNeely v. Blanas, No. 02-15860 (9th Cir.) (336 F.3d 822) (April 18, 2003) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

McNeely v. Blanas, No. 02-15860 (9th Cir.) (336 F.3d 822) (April 18, 2003) (Judge A. Wallace Tashima) by Here the Court held that a five-year pretrial delay in the prosecution of the petitioner violated his speedy trial rights and warranted dismissal of his indictment with prejudice. Petitioner, a California pretrial …

U.S. v. Gurolla, No. 99-50657 (9th Cir.) (333 F.3d 944) (June 23, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Defense - Right to Present

U.S. v. Gurolla, No. 99-50657 (9th Cir.) (333 F.3d 944) (June 23, 2003) (Judge Stephen Reinhardt) by In this case, three defendants sought review of a judgment from the District Court, which convicted them upon a jury verdict of money laundering and which resulted in sentences of 87, 121, and …

Tipton v. Federal Bureau of Prisons, No. Cic.A.CCB 03-153 (D.Md.) (262 F.Supp.2d 633) (May 15, 2003) (Judge Catherine C. Blake)

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

Filed under: Punch And Jurists, 10% Limitation

Tipton v. Federal Bureau of Prisons, No. Cic.A.CCB 03-153 (D.Md.) (262 F.Supp.2d 633) (May 15, 2003) (Judge Catherine C. Blake) by Here the Court granted injunctive relief against implementation of a new BOP policy that would have transferred 3 inmates from their halfway houses back to prison because the new …

U.S. v. Brown, No. 01-16881 (11th Cir.) (332 F.3d 1341) (June 5, 2003) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Brown, No. 01-16881 (11th Cir.) (332 F.3d 1341) (June 5, 2003) (Judge Stanley F. Jr. Birch) by The defendant in this case appealed from an order of the District Court that denied his motion to modify his sentence, brought pursuant to 18 U.S.C.S. § 3582(c)(2). At issue was …

U.S. v. Guerrero, No. 01-10717 (8th Cir.) (333 F.3d 1078) (June 27, 2003) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Guerrero, No. 01-10717 (8th Cir.) (333 F.3d 1078) (June 27, 2003) (Judge A. Wallace Tashima) by Here, in reversing a departure based on aberrant conduct, the Court stated: "The Guideline does not define 'extraordinary.' The Application Notes, however, explain that 'aberrant behavior' is specifically required to have three …

Drax v. Reno, No. 02-2047 (2nd Cir.) (338 F.3d 98) (August 4, 2003) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists

Drax v. Reno, No. 02-2047 (2nd Cir.) (338 F.3d 98) (August 4, 2003) (Judge Jose A. Cabranes) by “This case vividly illustrates the labyrinthine character of modern immigration law - a maze of hyper-technical statutes and regulations that engender waste, delay, and confusion for the Government and petitioners alike. The …

Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Imprisonment

Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin) by More and more, we are beginning to see massive efforts by our Government to hide outright or to disguise beyond recognition the real repercussions and the true costs (both economic and …

U.S. v. Sattar, No. 02 Cr. 395 (JGL) (S.D.N.Y.) (272 F.Supp.2d 348) (July 22, 2003) (Judge John G. Koeltl)

Article • July 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Material Support to Terrorism

U.S. v. Sattar, No. 02 Cr. 395 (JGL) (S.D.N.Y.) (272 F.Supp.2d 348) (July 22, 2003) (Judge John G. Koeltl) by Among the many terrorist cases that have been dramatically announced by the Justice Department to large and theatrically staged press conferences, the one the seemed to bring the greatest satisfaction …

U.S. v. Mellert, No. CR 03-0043 MHP (N.D.Cal.) (2003 WL 22025007) (July 30, 2003) (Judge Marilyn H. Patel)

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

Filed under: Punch And Jurists

U.S. v. Mellert, No. CR 03-0043 MHP (N.D.Cal.) (2003 WL 22025007) (July 30, 2003) (Judge Marilyn H. Patel) by Here, in the context of approving a downward departure based on aberrant conduct, Judge Patel used the occasion to blast the purposes and goals of the Feeney Amendment which "shucked" the …

U.S. v. Sartin, No. CR 01-347-PA (D.Or.) (262 F.Supp.2d 1154) (March 19, 2003) (Judge Owen M. Panner)

Article • July 1, 2003 • from P&J August, 2003

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

U.S. v. Sartin, No. CR 01-347-PA (D.Or.) (262 F.Supp.2d 1154) (March 19, 2003) (Judge Owen M. Panner) by

Nickerson v. Roe, No. C 98-04909 MHP (N.D.Cal.) (260 F.Supp.2d 875) (March 17, 2003) (Judge Marilyn H. Patel)

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

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Nickerson v. Roe, No. C 98-04909 MHP (N.D.Cal.) (260 F.Supp.2d 875) (March 17, 2003) (Judge Marilyn H. Patel) by This lengthy decision is noted principally for Judge Patel's review and analysis of the Supreme Court's decision in Schlup v. Delo, 513 U.S. 298 (1995) and her granting of a habeas …

U.S. v. Thurston, No. 02-1966 (1st Cir.) (338 F.3d 50) (August 4, 2003) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Thurston, No. 02-1966 (1st Cir.) (338 F.3d 50) (August 4, 2003) (Judge Sandra L. Lynch) by A jury convicted William Thurston, a vice president of Damon Clinical Testing Laboratories, Inc., of conspiring to defraud the Medicare program of over five million dollars by tricking doctors into ordering medically …

Holy Land Foundation v. Ashcroft, No. 02-5307 (D.C. Cir.) (333 F.3d 156) (June 20, 2003) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

Holy Land Foundation v. Ashcroft, No. 02-5307 (D.C. Cir.) (333 F.3d 156) (June 20, 2003) (Judge David B. Sentelle) by

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (335 F.3d 1024) (July 15, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Strickland Standard

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (335 F.3d 1024) (July 15, 2003) (Judge Stephen Reinhardt) by Petitioner state prisoner was convicted of first degree murder in state court and was sentenced to death. The United States District Court for the Eastern District of California denied his petition for writ …

U.S. v. VanLeer, No. 2:03-CR-00137 PC (D.Utah) (270 F.Supp.2d 1318) (July 3, 2003) (Judge Paul G. Cassell)

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

Filed under: Punch And Jurists, Lesser Harms

U.S. v. VanLeer, No. 2:03-CR-00137 PC (D.Utah) (270 F.Supp.2d 1318) (July 3, 2003) (Judge Paul G. Cassell) by Here, in granting a 4-level downward departure, Judge Cassell presented a lengthy apologia in defense of the Feeney Amendment and his conclusion that nothing in that legislation restricts the ability of a …

Shabazz v. Artuz, No. 02-2320 (2nd Cir.) (336 F.3d 154) (July 18, 2003) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

Shabazz v. Artuz, No. 02-2320 (2nd Cir.) (336 F.3d 154) (July 18, 2003) (Judge Rosemary S. Pooler) by Here the Court affirmed the denial of habeas relief, holding that the petitioner had failed to prove that the prosecutor had elicited false testimony about promises of leniency made to a key …

In Re Plea Agreements, No. 3:03-MC-67 (W.D.N.C.) ( F.Supp.2d ) (June 4, 2003) (Judge Graham C. Mullen)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

In Re Plea Agreements, No. 3:03-MC-67 (W.D.N.C.) ( F.Supp.2d ) (June 4, 2003) (Judge Graham C. Mullen) by Here the Court held that waivers of appeal provisions (which are now standard in virtually all Federal plea agreements) are "unconscionable" and that plea agreements containing such provisions would no longer be …

Limone v. U.S., No. Civ. No. 02-10890-NG (D.Mass.) (271 F.Supp.2d 345) (July 17, 2003) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Limone v. U.S., No. Civ. No. 02-10890-NG (D.Mass.) (271 F.Supp.2d 345) (July 17, 2003) (Judge Nancy Gertner) by On March 12, 1965, a man named Teddy Deegan was murdered in Massachusetts. FBI agents in Boston had immediate, specific information that the murder was in fact carried out by several undercover …

U.S. v. Flores, No. 02-3380 (8th Cir.) (336 F.3d 760) (July 18, 2003) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Criticism of Government

U.S. v. Flores, No. 02-3380 (8th Cir.) (336 F.3d 760) (July 18, 2003) (Judge Diana E. Murphy) by This case is noted for Judge Bright’s remarkably candid concurring opinion in which he warned that the Feeney Amendment “creates new and greater problems in federal sentencing” and in which issued a …