Search | Punch and Jurists

Al Odah v. U.S., No. 02-5251 (D.C. Cir.) (321 F.3d 1134) (March 11, 2003) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists

Al Odah v. U.S., No. 02-5251 (D.C. Cir.) (321 F.3d 1134) (March 11, 2003) (Judge A. Raymond Randolph) by Here the Court held that the district court had no habeas corpus jurisdiction to adjudicate actions concerning the legality and conditions of confinement of aliens captured abroad during hostilities in Afghanistan …

U.S. v. Ahmed, No. 02-51350 (5th Cir.) (324 F.3d 368) (March 10, 2003) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Ahmed, No. 02-51350 (5th Cir.) (324 F.3d 368) (March 10, 2003) (Judge Harold R. Jr. DeMoss) by The district court erred in applying the sentence enhancement under U.S.S.G. § 3C1.1, where defendant's statements to the FBI did not actually impede the investigation, but were a refusal to assist …

U.S. v. Jones, No. 01-CR-193 (E.D.Wisc.) (233 F.Supp.2d 1067) (December 3, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Jones, No. 01-CR-193 (E.D.Wisc.) (233 F.Supp.2d 1067) (December 3, 2002) (Judge Lynn S. Adelman) by

Alvarado v. Hickman, No. 00-56779 (9th Cir.) (316 F.3d 841) (December 18, 2002) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Miranda

Alvarado v. Hickman, No. 00-56779 (9th Cir.) (316 F.3d 841) (December 18, 2002) (Judge Richard D. Cudahy) by Petitioner inmate, who was incarcerated in a state prison, had been convicted of second degree murder and attempted robbery. The inmate's conviction was obtained primarily based on statements he made during a …

U.S. v. Angle, No. 01-3670 (7th Cir.) (315 F.3d 810) (January 10, 2003) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Evidence - Weight of

U.S. v. Angle, No. 01-3670 (7th Cir.) (315 F.3d 810) (January 10, 2003) (Judge Ann Claire Williams) by Ralph Angle was convicted of receiving and possessing child pornography and using interstate commerce to entice a child under 18 years old to engage in a sex act. He was originally sentenced …

U.S. v. Perez, No. 02 CR. 854 (DC) (S.D.N.Y.) (247 F.Supp.2d 459) (March 5, 2003) (Judge Denny Chin)

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

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

U.S. v. Perez, No. 02 CR. 854 (DC) (S.D.N.Y.) (247 F.Supp.2d 459) (March 5, 2003) (Judge Denny Chin) by Here the Court granted a suppression motion after finding that FBI agents had acted with “reckless disregard for the truth” in preparing warrant affidavits that were used in a nationwide operation …

Allen v. Lee, No. 02-5 (4th Cir.) (319 F.3d 645) (February 5, 2003) (Judge Roger L. Gregory)

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

Filed under: Punch And Jurists, Batson Claims

Allen v. Lee, No. 02-5 (4th Cir.) (319 F.3d 645) (February 5, 2003) (Judge Roger L. Gregory) by Here the reversed and ordered that a writ of habeas corpus be granted due to Batson violations during jury selection where the lower court relied primarily on the ultimate mixed composition of …

U.S. v. Hodge, No. 01-2198 (3rd Cir.) (321 F.3d 429) (March 11, 2003) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Hodge, No. 01-2198 (3rd Cir.) (321 F.3d 429) (March 11, 2003) (Judge Thomas L. Ambro) by Congress did not intend to include innocuous substances, such as a wax/flour mixture that looks like crack, within its definition of controlled substance analogues under 21 U.S.C. § 802(32)(A), thus defendants' convictions …

U.S. v. Strauser, No. 4:02CR82 CDP (E.D.Mo.) (247 F.Supp.2d 1135) (March 6, 2003) (Judge Catherine D. Perry)

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

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

U.S. v. Strauser, No. 4:02CR82 CDP (E.D.Mo.) (247 F.Supp.2d 1135) (March 6, 2003) (Judge Catherine D. Perry) by U.S. v. Perez, 247 F.Supp.2d 459 (S.D.N.Y. 2003) (Judge Chin) U.S. v. Strauser, 247 F.Supp.2d 1135 (E.D.Mo. 2003) (Judge Perry) One of the keynotes of the John Ashcroft-era prosecutions has been the …

U.S. v. Nava-Sotelo, No. CR. 01-1244 MV (D.N.M.) (232 F.Supp.2d 1269) (November 2, 2002) (Judge Martha Vazquez)

Article • February 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Nava-Sotelo, No. CR. 01-1244 MV (D.N.M.) (232 F.Supp.2d 1269) (November 2, 2002) (Judge Martha Vazquez) by The facts of this case read like a Hollywood movie script. The defendant, Adalberto Nava-Sotelo, attempted to help spring his older brother, Oswaldo Nava-Sotelo, from Federal custody at a dental clinic where …

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (234 F.Supp.2d 595) (December 19, 2002) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (234 F.Supp.2d 595) (December 19, 2002) (Judge Robert E. Payne) by Technically, the defendant in this case, Cornelius Lester, was charged with “interference with commerce by force” in violation of 18 U.S.C. § 1951. In the wonderful world of Federal criminal law parlance, …

Laube v. Haley, No. Civ.A.01-T-957-N (M.D.Ala.) (234 F.Supp.2d 1227) (December 2, 2002) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Prison Conditions

Laube v. Haley, No. Civ.A.01-T-957-N (M.D.Ala.) (234 F.Supp.2d 1227) (December 2, 2002) (Judge Myron H. Thompson) by Plaintiffs, 15 female prisoners, alleged that the conditions for female inmates in the Alabama State Prison System violated the Eighth Amendment. The prisoners sought a preliminary injunction against defendants, a governor, a department …

Rouse v. Lee, No. 01-12 (4th Cir.) (314 F.3d 238) (January 7, 2003) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists

Rouse v. Lee, No. 01-12 (4th Cir.) (314 F.3d 238) (January 7, 2003) (Judge Diana Gribbon Motz) by An all-white jury sentenced the petitioner, an African-American, to death for the first degree murder, armed robbery, and attempted rape of a 63-year old white woman. After sentencing, it was discovered that …

Ferguson v. Ashcroft, No. Civ. 03-122-D-M3 (M.D.La.) (248 F.Supp.2d 547) (February 27, 2003) (Judge James J. Brady)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

Ferguson v. Ashcroft, No. Civ. 03-122-D-M3 (M.D.La.) (248 F.Supp.2d 547) (February 27, 2003) (Judge James J. Brady) by [Editor's Note: See also related decision at Howard v. Ashcroft, 248 F.Supp.2d 518 (M.D.La. 2003)]. Here the Court held that the BOP exceeded its authority under the Administrative Procedure Act by adopting …

U.S. v. Ramirez-Lopez, No. 01-50164 (9th Cir.) (315 F.3d 1143) (January 9, 2003) (Judge Richard F. Cebull)

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

Filed under: Punch And Jurists

U.S. v. Ramirez-Lopez, No. 01-50164 (9th Cir.) (315 F.3d 1143) (January 9, 2003) (Judge Richard F. Cebull) by The defendant in this case, Juan Ramirez-Lopez (”Ramirez”), was one of a group of 16 Mexicans who were arrested in March, 2000 crossing the border into the United States from Mexico. Due …

U.S. v. Carlson, No. Crim. H-99-178 (S.D.Tex.) (236 F.Supp.2d 686) (June 28, 2002) (Judge Lynn N. Hughes)

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

Filed under: Punch And Jurists, Evidence - Weight of

U.S. v. Carlson, No. Crim. H-99-178 (S.D.Tex.) (236 F.Supp.2d 686) (June 28, 2002) (Judge Lynn N. Hughes) by Here the Court granted a suppression motion because, inter alis, a Customs agent’s affidavit in support of a search warrant lacked probable cause, was grossly misleading, contained material false representations and relied …

Bui v. Haley, No. 00-15445 (11th Cir.) (321 F.3d 1304) (February 19, 2003) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Batson Claims

Bui v. Haley, No. 00-15445 (11th Cir.) (321 F.3d 1304) (February 19, 2003) (Judge Gerald B. Tjoflat) by Here the Court ordered a new trial based on Batson violations because of the failure of the State to provide direct evidence of the motivations of the prosecutor who actually struck nine …

U.S. v. Rebmann, No. 01-5610 (6th Cir.) (321 F.3d 540) (March 4, 2003) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Death/Bodily Injury

U.S. v. Rebmann, No. 01-5610 (6th Cir.) (321 F.3d 540) (March 4, 2003) (Judge Gilbert S. Merritt) by Here the Court held that, under Apprendi, in order to apply the sentence enhancement under USSG § 2D1.1(a)(2), the Government had to prove that death resulted from the defendant's distribution of drugs …

U.S. v. Campbell, No. 00-4134 (6th Cir.) (317 F.3d 597) (January 28, 2003) (Judge George C. Steeh)

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

Filed under: Punch And Jurists, Marijuana Laws/Issues

U.S. v. Campbell, No. 00-4134 (6th Cir.) (317 F.3d 597) (January 28, 2003) (Judge George C. Steeh) by

Connecticut Dept. of Pub. Safety v. Doe, No. 01-1231 (U.S. Supreme Court) (538 U.S. 1; 123 S.Ct. 1160) (March 5, 2003) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Megan's Laws

Connecticut Dept. of Pub. Safety v. Doe, No. 01-1231 (U.S. Supreme Court) (538 U.S. 1; 123 S.Ct. 1160) (March 5, 2003) (Justice Rehnquist) by Here the Court unanimously rejected an argument that sex offenders have a due process right to an individualized hearing on their current dangerousness before information about …