Search | Punch and Jurists

U.S. v. Britt, No. 02-10306 (9th Cir.) (332 F.3d 1229) (June 19, 2003) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Occupational Restrictions

U.S. v. Britt, No. 02-10306 (9th Cir.) (332 F.3d 1229) (June 19, 2003) (Judge A. Wallace Tashima) by The defendant, a credit counselor in the credit repair business, pled guilty to conspiracy to distribute methamphetamine. Among the nine special conditions of supervised release recommended by the probation department were two …

U.S. v. Jenkins, No. 01-1722 (3rd Cir.) (333 F.3d 151) (June 18, 2003) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists

U.S. v. Jenkins, No. 01-1722 (3rd Cir.) (333 F.3d 151) (June 18, 2003) (Judge William W. Schwarzer) by Here, joining ten other Circuits, the Third Circuit held that Apprendi does not apply retroactively to cases on collateral appeal. The other ten Circuits (and the decisions that so held) are: Love …

Thacker v. City of Columbus, No. 01-4097 (6th Cir.) (328 F.3d 244) (April 30, 2003) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Exigent Circumstances

Thacker v. City of Columbus, No. 01-4097 (6th Cir.) (328 F.3d 244) (April 30, 2003) (Judge R. Guy Jr. Cole) by

U.S. v. Yager, No. 02-3186 (8th Cir.) (328 F.3d 1008) (May 19, 2003) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Yager, No. 02-3186 (8th Cir.) (328 F.3d 1008) (May 19, 2003) (Judge Richard S. Arnold) by Here the Court held that a downward adjustment for minor participation, pursuant to U.S.S.G. § 3B1.2(b), was permissible even though the defendant was the only participant charged in the drug crime. The …

Para-Professional Law Clinic v. Beard, No. 02-2788 (3rd Cir.) (334 F.3d 301) (July 1, 2003) (Judge Maryanne Trump Barry)

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

Filed under: Punch And Jurists, Prison Litigation Reform Act (PLRA)

Para-Professional Law Clinic v. Beard, No. 02-2788 (3rd Cir.) (334 F.3d 301) (July 1, 2003) (Judge Maryanne Trump Barry) by The question before the Court is this case was whether to continue in effect an injunction that was ordered by Judge Lord in 1987 which permanently enjoined prison officials from …

Jama v. I.N.S., No. 02-2324 (8th Cir.) (329 F.3d 630) (May 27, 2003) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Detention - Generally

Jama v. I.N.S., No. 02-2324 (8th Cir.) (329 F.3d 630) (May 27, 2003) (Judge Morris Sheppard Arnold) by Appellant U.S. Immigration and Naturalization Service (INS) appealed a judgment from the United States District Court for the District of Minnesota, which granted 28 U.S.C. § 2241 habeas relief in favor of …

U.S. v. Jones, No. 02-2392 (3rd Cir.) (332 F.3d 688) (June 19, 2003) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists

U.S. v. Jones, No. 02-2392 (3rd Cir.) (332 F.3d 688) (June 19, 2003) (Judge Dolores K. Sloviter) by Here, in a case of first impression, the Third Circuit considered whether a prior non-jury juvenile adjudication can count as a prior conviction that qualifies as one of the predicate offenses required …

U.S. v. Aguilar-Lopez, No. 02-3831 (8th Cir.) (329 F.3d 960) (June 5, 2003) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. Aguilar-Lopez, No. 02-3831 (8th Cir.) (329 F.3d 960) (June 5, 2003) (Judge Diana E. Murphy) by Defendant pled guilty to illegal reentry following deportation, and he was sentenced to 46 months imprisonment. The District Court found that the defendant's criminal history category VI did not adequately reflect the …

Jarno v. Lewis, No. Civ.A. 02-1622-A (E.D.Va.) (256 F.Supp.2d 499) (April 11, 2003) (Judge Leonie M. Brinkema)

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

Filed under: Punch And Jurists, Federal Funds

Jarno v. Lewis, No. Civ.A. 02-1622-A (E.D.Va.) (256 F.Supp.2d 499) (April 11, 2003) (Judge Leonie M. Brinkema) by Plaintiff alien sued defendant jail authority under 42 U.S.C.S. § 1983 and Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C.S. § 2000d et seq. The authority moved …

U.S. v. Alexander, No. 02-3005 (D.C. Cir.) (331 F.3d 116) (June 13, 2003) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Excited Utterance

U.S. v. Alexander, No. 02-3005 (D.C. Cir.) (331 F.3d 116) (June 13, 2003) (Judge Karen LeCraft Henderson) by Defendant appealed the judgment of the United States District Court for the District of Columbia convicting him of unlawful possession of a firearm and ammunition by a felon in violation of 18 …

U.S. v. Mullings, No. 02-1642 (2nd Cir.) (330 F.3d 123) (May 23, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Mullings, No. 02-1642 (2nd Cir.) (330 F.3d 123) (May 23, 2003) (Per Curiam) by Here the Court held that a non-custodial sentence, requiring the defendant to pay only a monetary fine, qualified as a sentence of 13 months of less for purposes of justifying a 12-level Guideline enhancement …

U.S. v. Pugh, No. 03-6166 (4th Cir.) (69 Fed.Appx. 628) (July 14, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Pugh, No. 03-6166 (4th Cir.) (69 Fed.Appx. 628) (July 14, 2003) (Per Curiam) by Here the Court held that the district court had erred in ruling that the defendant/inmate had no rights under the FOIA to obtain a copy of his presentence report while in prison, a ruling …

U.S. v. Migi, No. 01-10254 (9th Cir.) (329 F.3d 1065) (May 27, 2003) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Migi, No. 01-10254 (9th Cir.) (329 F.3d 1065) (May 27, 2003) (Judge Thomas G. Nelson) by Here the Court adopted a sweeping and expansive definition of the term “playground” as used in the schoolyard drug laws, by holding that those provisions apply whenever one sells drugs near recreational …

U.S. v. Long, No. 02-3003 (D.C. Cir.) (328 F.3d 655) (May 16, 2003) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Long, No. 02-3003 (D.C. Cir.) (328 F.3d 655) (May 16, 2003) (Judge Judith W. Rogers) by Here the Court rejected a claim that the imposition of an eight level increase in the defendant’s base offense level based on acquitted conduct required a finding by clear and convincing evidence. …

U.S. v. Nowicki, No. CR 01-695 MV (D.N.M.) (252 F.3d 1242) (March 11, 2003) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Abuse

U.S. v. Nowicki, No. CR 01-695 MV (D.N.M.) (252 F.3d 1242) (March 11, 2003) (Judge Martha Vazquez) by

U.S. v. Swinton, No. 01-1004 (3rd Cir.) (333 F.3d 481) (June 23, 2003) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists

U.S. v. Swinton, No. 01-1004 (3rd Cir.) (333 F.3d 481) (June 23, 2003) (Judge Dolores K. Sloviter) by The defendant inmate was convicted of several drug offenses and was sentenced to 324 months and 120 months in prison in 1994. The defendant moved to vacate, set aside, or correct his …

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (254 F.Supp.2d 602) (March 18, 2003) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (254 F.Supp.2d 602) (March 18, 2003) (Judge Robert E. Payne) by The defendant in this case was charged with interference with commerce by force and possession and discharge of a firearm in furtherance of a crime of violence in connection with the attempted …

Fiore v. White, No. 98-942 (U.S. Supreme Court) (531 U.S. 225; 121 S.Ct. 712) (January 9, 2001) (Per Curiam)

Article • May 28, 2003

Filed under: Due Process, Punch And Jurists

Fiore v. White, No. 98-942 (U.S. Supreme Court) (531 U.S. 225; 121 S.Ct. 712) (January 9, 2001) (Per Curiam) by The petitioner in this case, William Fiore, was convicted of violating a Pennsylvania statute prohibiting the operation of a hazardous waste facility without a permit. After Fiore's conviction became final, …

Daubert v. Merrell Dow Pharmaceuticals, Inc., No. 92-102 (U.S. Supreme Court) (509 U.S. 579; 113 S.Ct. 2786) (June 28, 1993) (Justice Blackmun)

Article • May 25, 2003

Filed under: Punch And Jurists, Scientific Testimony or Evidence

Daubert v. Merrell Dow Pharmaceuticals, Inc., No. 92-102 (U.S. Supreme Court) (509 U.S. 579; 113 S.Ct. 2786) (June 28, 1993) (Justice Blackmun) by In this case, the Supreme Court clarified the admissibility requirements for expert scientific testimony by creating a gatekeeping role for trial judges as to the admissibility of …

U.S. v. Owens, No. 86-877 (U.S. Supreme Court) (484 U.S. 554; 108 S.Ct. 838) (February 23, 1988) (Justice Scalia)

Article • May 17, 2003

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Owens, No. 86-877 (U.S. Supreme Court) (484 U.S. 554; 108 S.Ct. 838) (February 23, 1988) (Justice Scalia) by The defendant in this case, who was already incarcerated, was accused of attacking a correctional counselor and brutally beating him with a metal pipe. The correctional counselor suffered a fractured …