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U.S. v. Wilson, No. 90-2492 (U.S. Supreme Court) (503 U.S. 329; 112 S.Ct. 1351) (March 24, 1992) (Justice Thomas)
Article • October 9, 2002
Filed under: Punch And Jurists, Credits
U.S. v. Wilson, No. 90-2492 (U.S. Supreme Court) (503 U.S. 329; 112 S.Ct. 1351) (March 24, 1992) (Justice Thomas) by Case held that § 3585(b) authorizes the Attorney General, rather than the district court, to calculate the credit towards a term of imprisonment for any time the defendant spent in …
Duckworth v. Eagan, No. 88-317 (U.S. Supreme Court) (492 U.S. 195; 109 S.Ct. 2875) (June 26, 1989) (Justice Rehnquist)
Article • October 4, 2002
Filed under: Punch And Jurists, Miranda
Duckworth v. Eagan, No. 88-317 (U.S. Supreme Court) (492 U.S. 195; 109 S.Ct. 2875) (June 26, 1989) (Justice Rehnquist) by The defendant in this case was given the following Miranda warning: "Before we ask you any questions, you must understand your rights. You have the right to remain silent. Anything …
U.S. v. Turkette, No. 80-808 (U.S. Supreme Court) (452 U.S. 576; 101 S.Ct. 2524) (June 17, 1981) (Justice White)
Article • October 4, 2002
Filed under: Punch And Jurists
U.S. v. Turkette, No. 80-808 (U.S. Supreme Court) (452 U.S. 576; 101 S.Ct. 2524) (June 17, 1981) (Justice White) by Here the Court held that an "enterprise" as defined in 18 USC § 1961(4) is not a "pattern of racketeering activity" but an entity separate and apart that is proved …
Goldberg v. U.S., No. 74-6293 (U.S. Supreme Court) (425 U.S. 94; 96 S.Ct. 1338) (March 30, 1976) (Justice Brennan)
Article • October 4, 2002
Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues
Goldberg v. U.S., No. 74-6293 (U.S. Supreme Court) (425 U.S. 94; 96 S.Ct. 1338) (March 30, 1976) (Justice Brennan) by Case held that a writing prepared by the Government relating to the subject matter of the testimony of a Goverbment witness that has been "signed or otherwise adopted" by the …
In Re Sealed Case No. 02-001, No. 02-001 (F.I.S.C.R.) (310 F.3d 717) (November 18, 2002) (Per Curiam)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Electronic Surveillance
In Re Sealed Case No. 02-001, No. 02-001 (F.I.S.C.R.) (310 F.3d 717) (November 18, 2002) (Per Curiam) by Here the secret Foreign Intelligence Surveillance Court of Review reversed a lower court decision and held that the Government has broad powers to conduct surveillance of suspected terrorists, stating the procedures "come …
Mitchell v. Fishbein, No. 01 Civ. 2760 (JGK) (S.D.N.Y.) (216 F.Supp.2d 283) (August 12, 2002) (Judge John G. Koeltl)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists
Mitchell v. Fishbein, No. 01 Civ. 2760 (JGK) (S.D.N.Y.) (216 F.Supp.2d 283) (August 12, 2002) (Judge John G. Koeltl) by
Eunique v. Powell, No. 99-66984 (9th Cir.) (302 F.3d 971) (August 23, 2002) (Judge Ferdinand F. Fernandez)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Travel Restrictions
Eunique v. Powell, No. 99-66984 (9th Cir.) (302 F.3d 971) (August 23, 2002) (Judge Ferdinand F. Fernandez) by Although this case does not directly deal with persons who have been formally charged with crimes, it does deal with an offshoot of the growing web of criminal statutes that make it …
U.S. v. Flores, No. Crim. No. 1:00cr10029-NG (D.Mass.) (230 F.Supp.2d 138) (June 27, 2002) (Judge Nancy Gertner)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Drug Quantity
U.S. v. Flores, No. Crim. No. 1:00cr10029-NG (D.Mass.) (230 F.Supp.2d 138) (June 27, 2002) (Judge Nancy Gertner) by Here, Judge Gertner presented a textbook analysis of the twin standards that must be used to determine drug quantity under the relevant conduct provision of the Guidelines - i.e., both reasonable foreseeability …
In Re Grand Jury Subpoena Dated August 9, 2000, No. M 11-189 (S.D.N.Y.) (218 F.Supp.2d 544) (September 6, 2002) (Judge Denny Chin)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Subpoenas
In Re Grand Jury Subpoena Dated August 9, 2000, No. M 11-189 (S.D.N.Y.) (218 F.Supp.2d 544) (September 6, 2002) (Judge Denny Chin) by Here the Court held that a Grand Jury had the right to compel production of documents for an investigation, even where a foreign nation claimed an executive …
Scott v. Mullin, No. 00-7103 (10th Cir.) (303 F.3d 1222) (August 26, 2002) (Judge Carlos Lucero)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues
Scott v. Mullin, No. 00-7103 (10th Cir.) (303 F.3d 1222) (August 26, 2002) (Judge Carlos Lucero) by This is a rare case in which a first-degree murder conviction was vacated because the state failed to disclose to the defense exculpatory evidence that another person had confessed to the murder, in …
U.S. v. Patane, No. 01-1503 (10th Cir.) (304 F.3d 1013) (September 17, 2002) (Judge David M. Ebel)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Miranda
U.S. v. Patane, No. 01-1503 (10th Cir.) (304 F.3d 1013) (September 17, 2002) (Judge David M. Ebel) by In Lam v. Kelchner, 394 F.3d 256 (3rd Cir. 2002), the Third Circuit held, in the context of a petition for habeas relief under 28 U.S.C. § 2254(d), that it was not …
Gonzalez-Rucci v. U.S., No. Civ. No. 99-2352(JAG) (D.Puerto Rico) (218 F.Supp.2d 161) (July 29, 2002) (Judge Jay A. Garcia-Gregory)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Bivens Actions
Gonzalez-Rucci v. U.S., No. Civ. No. 99-2352(JAG) (D.Puerto Rico) (218 F.Supp.2d 161) (July 29, 2002) (Judge Jay A. Garcia-Gregory) by Here, despite serious instances of unmitigated abuse of power by an INS agent, the Court dismissed the plaintiff's tort claims and Bivens actions because she had missed, by two days, …
U.S. v. Inocencio, No. CR. 96-221ACK (D.Hawai'I) (215 F.Supp.2d 1095) (May 15, 2002) (Judge Alan Cooke Kay)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Revocation Proceedings
U.S. v. Inocencio, No. CR. 96-221ACK (D.Hawai'I) (215 F.Supp.2d 1095) (May 15, 2002) (Judge Alan Cooke Kay) by Here the Court granted the Government's motion, pursuant to 8 USC § 1451(e), to revoke the citizenship of a defendant convicted of naturalization fraud, even though more than five years had elapsed …
U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith) by In this case, a jury convicted the defendant for carjacking and conspiracy to commit carjacking. After his sentencing, the defendant appealed and the Fifth Circuit vacated the carjacking sentence and remanded for …
Pagano v. Allard, No. CIV.A. 01-10599-EFH (D.Mass.) (218 F.Supp.2d 26) (September 12, 2002) (Judge Edward F. Harrington)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists
Pagano v. Allard, No. CIV.A. 01-10599-EFH (D.Mass.) (218 F.Supp.2d 26) (September 12, 2002) (Judge Edward F. Harrington) by Here the Court granted a writ of habeas corpus on the grounds that the state prosecutor had violated the petitioner’s constitutional rights by telling the jury that the presumption of innocence terminates …
U.S. v. Norton, No. 01-CR-180 (E.D.Wisc.) (218 F.Supp.2d 1014) (August 15, 2002) (Judge Lynn S. Adelman)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Family Circumstances
U.S. v. Norton, No. 01-CR-180 (E.D.Wisc.) (218 F.Supp.2d 1014) (August 15, 2002) (Judge Lynn S. Adelman) by Here after a thorough review of the applicable standards for a "family circumstances" departure under USSG § 5H1.6, the Court granted a single mother of three sons a four level departure to enable …
U.S. v. McFarland, No. 00-10569 (5th Cir.) (311 F.3d 376) (October 28, 2002) (Per Curiam)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Interstate Commerce - Effect on
U.S. v. McFarland, No. 00-10569 (5th Cir.) (311 F.3d 376) (October 28, 2002) (Per Curiam) by In this case, by a vote of 8-to-8, the Fifth Circuit declined to grant a rehearing en banc to review an earlier decision reported at 264 F.3d 557 (5th Cir. 2001) (McFarland I), where …
U.S. v. Sua, No. 00-10088 (9th Cir.) (307 F.3d 1150) (October 9, 2002) (Judge J. Clifford Wallace)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists
U.S. v. Sua, No. 00-10088 (9th Cir.) (307 F.3d 1150) (October 9, 2002) (Judge J. Clifford Wallace) by A district court may properly exclude a plea agreement offered for the purpose of establishing the government's belief in a person's innocence, under Fed.R.Evid. 403, and such exclusion did not violate the …
Lam v. Kelchner, No. 00-3803 (3rd Cir.) (304 F.3d 256) (September 10, 2002) (Judge Jane R. Roth)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists
Lam v. Kelchner, No. 00-3803 (3rd Cir.) (304 F.3d 256) (September 10, 2002) (Judge Jane R. Roth) by Here the Court reversed the grant of habeas relief because, while there was substantial legal support to support the suppression of evidence based on "the fruit of the poisonous tree" doctrine, it …
Goode v. U.S., No. 01-1340 (6th Cir.) (305 F.3d 378) (May 10, 2002) (Judge R. Guy Jr. Cole)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists
Goode v. U.S., No. 01-1340 (6th Cir.) (305 F.3d 378) (May 10, 2002) (Judge R. Guy Jr. Cole) by Apprendi does not apply retroactively to initial 28 U.S.C. § 2255 motions, as it is not a watershed rule of criminal procedure, and Apprendi does not create jurisdictional problems for district …
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