Search | Punch and Jurists

U.S. v. Gambone, No. 01-4424 (3rd Cir.) (314 F.3d 163) (January 3, 2003) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists

U.S. v. Gambone, No. 01-4424 (3rd Cir.) (314 F.3d 163) (January 3, 2003) (Judge Morton I. Greenberg) by As a matter of first impression, misdemeanor offense for willful furnishing of false W-2 forms under 26 U.S.C. § 7204 does not preclude separate conviction under 26 U.S.C. § 7206(2) for aiding …

U.S. v. Rebbe, No. 02-50073 (9th Cir.) (314 F.3d 402) (December 24, 2002) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Rebbe, No. 02-50073 (9th Cir.) (314 F.3d 402) (December 24, 2002) (Judge Dorothy Wright Nelson) by Here the Court held that the admission into evidence of proffer statements during rebuttal was not erroneous where, even though the defendant did not testify, his defense was inconsistent with statements made …

U.S. v. Clipper, No. 01-3137 (D.C. Cir.) (313 F.3d 605) (December 27, 2002) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists

U.S. v. Clipper, No. 01-3137 (D.C. Cir.) (313 F.3d 605) (December 27, 2002) (Judge Stephen F. Williams) by The defendant, Ronald Clipper, pled guilty to unlawful possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Clipper’s Guideline sentencing range was 57-71 months …

U.S. v. Hamlin, No. 02-4252 (4th Cir.) (319 F.3d 666) (February 11, 2003) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Hamlin, No. 02-4252 (4th Cir.) (319 F.3d 666) (February 11, 2003) (Judge Karen J. Williams) by Here the Court held that 21 U.S.C. § 841(b)(1)(D) provides the applicable statutory maximum sentence for offenses involving an indeterminate amount of marijuana - rather than the one year period specified in …

Ellis v. U.S., No. 01-2055 (1st Cir.) (313 F.3d 636) (December 20, 2002) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Law of the Case

Ellis v. U.S., No. 01-2055 (1st Cir.) (313 F.3d 636) (December 20, 2002) (Judge Bruce M. Selya) by The pro se petitioner in this case sought to vacate his sentence on five grounds, including judicial bias. The trial judge denied relief on four grounds but recused himself on a judicial …

U.S. v. Sandlin, No. 00-5827 (6th Cir.) (313 F.3d 351) (December 13, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Sandlin, No. 00-5827 (6th Cir.) (313 F.3d 351) (December 13, 2002) (Per Curiam) by Here the Court colcnuded that the district court had committed plain error that was reversible when it imposed a mandatory sentence on a drug defendant by aggregating the drugs he manufactured on three different …

U.S. v. Rivera-Rodriguez, No. 01-2134 (1st Cir.) (318 F.3d 268) (January 29, 2003) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Rivera-Rodriguez, No. 01-2134 (1st Cir.) (318 F.3d 268) (January 29, 2003) (Judge Michael Boudin) by One of the issues raised on appeal in this case was a challenge by one of the defendants that the district court had erred by not granting him a downward departure based on …

U.S. v. Maung, No. 02-12945 (11th Cir.) (320 F.3d 1305) (February 10, 2003) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Maung, No. 02-12945 (11th Cir.) (320 F.3d 1305) (February 10, 2003) (Judge Edward E. Carnes) by A sentencing court may not depart downward to take a crime out of the definition of an aggravated felony in order to shield the defendant from the immigration consequences Congress has decided …

U.S. v. Gamez-Gonzalez, No. 02-40297 (5th Cir.) (319 F.3d 695) (January 27, 2003) (Judge Rhesa Hawkins Barksdale)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Gamez-Gonzalez, No. 02-40297 (5th Cir.) (319 F.3d 695) (January 27, 2003) (Judge Rhesa Hawkins Barksdale) by U.S. v.Gamez-Gonzalez, 319 F.3d 695 (5th Cir. 2003) (Judge Barksdale) U.S. v. Waters, 313 F.3d 151 (3rd Cir. 2002) (Judge Becker) As we all know by now, in Apprendi v. New Jersey, …

Brown v. Browley, No. 01-1541 (6th Cir.) (312 F.3d 782) (November 27, 2002) (Judge Ronald Lee Gilman)

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

Filed under: Retaliation, Punch And Jurists

Brown v. Browley, No. 01-1541 (6th Cir.) (312 F.3d 782) (November 27, 2002) (Judge Ronald Lee Gilman) by In this case, the appellant-inmate sued various prison officials and employees for retaliation, claiming that the defendants had repeatedly billed him for monies allegedly owed on his personal account, even though the …

U.S. v. Johnson, No. 01-2937 (8th Cir.) (318 F.3d 821) (February 10, 2003) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Johnson, No. 01-2937 (8th Cir.) (318 F.3d 821) (February 10, 2003) (Judge Roger L. Wollman) by The defendant in this case was convicted of offenses related to cocaine base distribution. Both he and the Government appealed. The defendant contended that evidence of defendant's possession of marijuana was improperly …

Miranda v. Clark County, No. 00-15734 (9th Cir.) (319 F.3d 465) (February 3, 2003) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Miranda v. Clark County, No. 00-15734 (9th Cir.) (319 F.3d 465) (February 3, 2003) (Judge Mary M. Schroeder) by In a decision with potential far-reaching impact, a divided en banc court held that the public defender's office may be held accountable for damages under § 1983 for policies that lead …

U.S. v. Herrera, No. 00-51177 (5th Cir.) (313 F.3d 882) (November 26, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Unlawful User

U.S. v. Herrera, No. 00-51177 (5th Cir.) (313 F.3d 882) (November 26, 2002) (Per Curiam) by Here, without ever addressing the prior panel's reasoning that a person could not be an unlawful user of drugs for purposes of § 922(g)(1) absent frequent use of drugs in large quantities, the Court …

U.S. v. Dominguez, No. 02-10106 (9th Cir.) (316 F.3d 1054) (January 21, 2003) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists

U.S. v. Dominguez, No. 02-10106 (9th Cir.) (316 F.3d 1054) (January 21, 2003) (Judge Richard C. Tallman) by In a case where the defendant was challenging the constitutionality of his prior convictions, the district court erred by improperly placing the burden of proof on the Government to prove that defendant's …

U.S. v. Waters, No. 01-3784 (3rd Cir.) (313 F.3d 151) (December 12, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Waters, No. 01-3784 (3rd Cir.) (313 F.3d 151) (December 12, 2002) (Judge Edward R. Becker) by Here the Court confirmed the generally accepted rule that, for sentencing, it is not necessary for the Government to show that the substance i question contained sodium bicarbonate in order to demonstrate …

U.S. v. Baymon, No. 01-60879 (5th Cir.) (312 F.3d 725) (November 15, 2002) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Baymon, No. 01-60879 (5th Cir.) (312 F.3d 725) (November 15, 2002) (Judge Harold R. Jr. DeMoss) by The defendant in this case pled guilty to two counts of being a public official who accepted a thing of value in return for introducing prohibited contraband into a federal prison …

U.S. v. McCoy, No. 01-3052 (D.C. Cir.) (313 F.3d 561) (December 20, 2002) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. McCoy, No. 01-3052 (D.C. Cir.) (313 F.3d 561) (December 20, 2002) (Judge Stephen F. Williams) by One of the more confusing issues in the Federal court system is the scope of a sentencing court’s review of arguments and facts after a remand from an appellate court. Put differently, …

Singleton v. Norris, No. 00-1492 (8th Cir.) (319 F.3d 1018) (February 10, 2003) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Singleton v. Norris, No. 00-1492 (8th Cir.) (319 F.3d 1018) (February 10, 2003) (Judge Roger L. Wollman) by Here, by a vote of 6 to 5, the Court held that the Constitution's prohibition against cruel and unusual punishment would not be violated if prison authorities forcibly administered antipsychotic drugs to …

Harris v. Nelson, No. 199 (U.S. Supreme Court) (394 U.S. 286; 89 S.Ct. 1082) (March 24, 1969) (Justice Fortas)

Article • December 31, 2002

Filed under: Punch And Jurists, Discovery - Generally

Harris v. Nelson, No. 199 (U.S. Supreme Court) (394 U.S. 286; 89 S.Ct. 1082) (March 24, 1969) (Justice Fortas) by In this case the Court addressed the question of whether state prisoners who have commenced habeas corpus proceedings in a federal district court may, in proper circumstances, utilize the instrument …

Horton v. California, No. 88-7164 (U.S. Supreme Court) (496 U.S. 128; 110 S.Ct. 2301) (June 4, 1990) (Justice Stevens)

Article • December 29, 2002

Filed under: Punch And Jurists, Searches - Plain View

Horton v. California, No. 88-7164 (U.S. Supreme Court) (496 U.S. 128; 110 S.Ct. 2301) (June 4, 1990) (Justice Stevens) by The petitioner in this case was convicted of the armed robbery of the treasurer of a coin club following denial of his motion to suppress weapons seized by police from …