Search | Punch and Jurists

U.S. v. Spellman, No. Crim. 02-494 (E.D.Pa.) (243 F.Supp.2d 285) (February 4, 2003) (Judge Stewart Dalzell)

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

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Spellman, No. Crim. 02-494 (E.D.Pa.) (243 F.Supp.2d 285) (February 4, 2003) (Judge Stewart Dalzell) by This case is noted because of its comprehensive coverage of a topic that seems to becoming more and more prevalent - disorderly conduct by passengers during a commercial flight. At the conclusion of …

U.S. v. Cooley, No. 02-40 (W.D.Pa.) (243 F.Supp.2d 329) (January 16, 2003) (Judge Sean J. McLaughlin)

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

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Cooley, No. 02-40 (W.D.Pa.) (243 F.Supp.2d 329) (January 16, 2003) (Judge Sean J. McLaughlin) by The Government moved in this case for the disqualification of defense counsel. It alleged that there was a potential conflict of interest arising from counsel's representation in unrelated drug charges of two individuals …

Roell v. Withrow, No. 02-69 (U.S. Supreme Court) (538 U.S. 580; 123 S.Ct. 1696) (April 29, 2003) (Justice Souter)

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

Filed under: Magistrates, Punch And Jurists

Roell v. Withrow, No. 02-69 (U.S. Supreme Court) (538 U.S. 580; 123 S.Ct. 1696) (April 29, 2003) (Justice Souter) by Pursuant to the Federal Magistrate Act of 1979, 28 U.S.C. § 636, federal magistrate judges may conduct “any or all proceedings in a jury or nonjury civil matter and order …

U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart) by U.S.S.G. § 5G1.2(d) requires that the district court impose consecutive sentences to equal the "total punishment" prescribed by the guidelines, when the maximum sentence required by the substantive criminal statute falls short …

U.S. v. Sabri, No. 02-1561 (8th Cir.) (326 F.3d 937) (April 7, 2003) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Sabri, No. 02-1561 (8th Cir.) (326 F.3d 937) (April 7, 2003) (Judge David R. Hansen) by This case is noted for its lively discussion of an important jurisdictional issue regarding 18 U.S.C. § 666(a)(2) - the statute that makes it a Federal crime to bribe state and local …

U.S. v. Alvarado, No. 02-1899 (7th Cir.) (326 F.3d 857) (April 9, 2003) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Alvarado, No. 02-1899 (7th Cir.) (326 F.3d 857) (April 9, 2003) (Judge Diane P. Wood) by The defendant in this case, Humberto Cruz Alvarado (“Cruz”), was convicted of a drug crime; and he was sentenced to the applicable five-year mandatory minimum sentence. On appeal, Cruz argued that the …

U.S. v. Fields, No. 02-3266 (8th Cir.) (324 F.3d 1025) (April 8, 2003) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Fields, No. 02-3266 (8th Cir.) (324 F.3d 1025) (April 8, 2003) (Judge Diana E. Murphy) by Here the Court affirmed affirms as reasonable, not overly vague and not unduly restrictive, a special condition of supervised release that prohibited the defendant (who was convicted of child pornography) from owning …

U.S. v. Davis, No. 02-1569 (2nd Cir.) (326 F.3d 361) (April 22, 2003) (Judge Robert A. Katzmann)

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

Filed under: Punch And Jurists, Video Cameras

U.S. v. Davis, No. 02-1569 (2nd Cir.) (326 F.3d 361) (April 22, 2003) (Judge Robert A. Katzmann) by The defendant in this case was convicted at trial of distributing five or more grams of crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). At trial, the Government offered …

Manjiyani v. I.N.S., No. 01-70415 (9th Cir.) (324 F.3d 1138) (April 11, 2003) (Judge Mary H. Murguia)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Manjiyani v. I.N.S., No. 01-70415 (9th Cir.) (324 F.3d 1138) (April 11, 2003) (Judge Mary H. Murguia) by The alien-petitioner in this case sought review of an order of the United States Board of Immigration Appeals, which affirmed the denial of her motion to reopen deportation proceedings. The issue was …

U.S. v. Alarcon-Garcia, No. 02-1549 (8th Cir.) (327 F.3d 719) (April 28, 2003) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Alarcon-Garcia, No. 02-1549 (8th Cir.) (327 F.3d 719) (April 28, 2003) (Judge John R. Gibson) by Here the Court held that, “while a defendant seeking safety valve relief is not obliged to submit to an interview with the Government, . . . a defendant who declines to offer …

U.S. v. McCoy, No. 01-50495 (9th Cir.) (323 F.3d 1114) (March 20, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. McCoy, No. 01-50495 (9th Cir.) (323 F.3d 1114) (March 20, 2003) (Judge Stephen Reinhardt) by In this case teams of agents from at least three different law enforcement agencies swarmed into the home of the defendant, seized numerous items from her home and arrested her on charges of …

U.S. v. Robinson, No. 01-CR-131 (LEK) (N.D.N.Y.) (2003 U.S. Dist. LEXIS 8016) (May 14, 2003) (Judge Lawrence E. Kahn)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Robinson, No. 01-CR-131 (LEK) (N.D.N.Y.) (2003 U.S. Dist. LEXIS 8016) (May 14, 2003) (Judge Lawrence E. Kahn) by This is an interesting decision in which Judge Kahn took the rare step of reversing a jury’s Federal murder conviction on the grounds that judicial intervention “was necessary to prevent …

U.S. v. Hunter, No. 01-11821 (11th Cir.) (323 F.3d 1314) (March 17, 2003) (Judge Richard F. Suhrheinrich)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Hunter, No. 01-11821 (11th Cir.) (323 F.3d 1314) (March 17, 2003) (Judge Richard F. Suhrheinrich) by The principal issue before the Court in this case was whether the district court erred in holding the defendant/appellants responsible for the entire amount of loss under U.S. Sentencing Guidelines Manual § …

U.S. v. Blackwell, No. 02-1062 (10th Cir.) (323 F.3d 1256) (March 25, 2003) (Judge Stephanie K. Seymour)

Article • April 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Victims - Official

U.S. v. Blackwell, No. 02-1062 (10th Cir.) (323 F.3d 1256) (March 25, 2003) (Judge Stephanie K. Seymour) by The Court vacated a sentence that included a three-level official victim enhancement, pursuant to U.S.S.G. § 3A1.2(a), on the grounds that the enhancement applies “only to the offense of conviction, and not …

U.S. v. Zapata, No. CIV.A. 96-CR-120-B-01 (D.Colo.) (245 F.Supp.2d 1165) (February 14, 2003) (Judge Lewis T. Babcock)

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

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

U.S. v. Zapata, No. CIV.A. 96-CR-120-B-01 (D.Colo.) (245 F.Supp.2d 1165) (February 14, 2003) (Judge Lewis T. Babcock) by Here the Court held that a six year delay between the defendant’s arrest and his indictment did violate his speedy trial rights because, even though he fled the jurisdiction, the Government was …

U.S. v. Escamilla, No. CR.A.B093015109 (S.D.Tex.) (244 F.Supp.2d 761) (January 29, 2003) (Judge Andrew S. Hanen)

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

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

U.S. v. Escamilla, No. CR.A.B093015109 (S.D.Tex.) (244 F.Supp.2d 761) (January 29, 2003) (Judge Andrew S. Hanen) by A nine year delay between a defendant’s arrest and his indictment did not violate his speedy trial rights, because although the extraordinary length of the delay raised a presumption of prejudice, the defendant …

U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins)

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

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

U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins) by Here the Court became the first Circuit to hold that a viable ineffective assistance claim can arise through counsel's alleged failure to effectively assist a defendant in cooperating with the government during …

Price v. Vincent, No. 02-524 (U.S. Supreme Court) (538 U.S. 634; 123 S.Ct. 1848) (May 19, 2003) (Justice Rehnquist)

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

Filed under: Punch And Jurists

Price v. Vincent, No. 02-524 (U.S. Supreme Court) (538 U.S. 634; 123 S.Ct. 1848) (May 19, 2003) (Justice Rehnquist) by In 1996, in order to cut back significantly on habeas litigation, Congress enacted a series of far reaching changes in the laws that govern such proceedings. One of those changes …

Oregon v. Kennedy, No. 80-1991 (U.S. Supreme Court) (456 U.S. 667; 102 S.Ct. 2083) (May 24, 1982) (Justice Rehnquist)

Article • April 1, 2003

Filed under: Punch And Jurists

Oregon v. Kennedy, No. 80-1991 (U.S. Supreme Court) (456 U.S. 667; 102 S.Ct. 2083) (May 24, 1982) (Justice Rehnquist) by Here the Supreme Court articulated a narrow exception to the general rule that the declaration of a mistrial does not bar a retrial, but only if the Government's misconduct was …

Lewis v. Casey, No. 94-1511 (U.S. Supreme Court) (518 U.S. 343; 116 S.Ct. 2174) (June 24, 1996) (Justice Scalia)

Article • March 31, 2003

Filed under: Punch And Jurists, Prison Conditions

Lewis v. Casey, No. 94-1511 (U.S. Supreme Court) (518 U.S. 343; 116 S.Ct. 2174) (June 24, 1996) (Justice Scalia) by In this case inmates in Arizona prisons brought a class action alleging that the Arizona Department of Corrections was depriving them of access to courts by, among other things, employing …