Search | Punch and Jurists

U.S. v. Soileau, No. 01-31171 (5th Cir.) (309 F.3d 877) (October 11, 2002) (Judge Harold R. Jr. DeMoss)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Bank/Financial Institution

U.S. v. Soileau, No. 01-31171 (5th Cir.) (309 F.3d 877) (October 11, 2002) (Judge Harold R. Jr. DeMoss) by Here the Court held that the district court had incorrectly concluded that Medicare is a "financial institution" for the purpose of imposing a four-level enhancement under U.S.S.G. § 2F1.1(b)(8)(B), after a …

Weekes v. Fleming, No. 01-6054 (10th Cir.) (301 F.3d 1175) (August 14, 2002) (Judge Wesley E. Brown)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Credits

Weekes v. Fleming, No. 01-6054 (10th Cir.) (301 F.3d 1175) (August 14, 2002) (Judge Wesley E. Brown) by Here the Court held that a federal inmate is entitled to credit for time served in post-federal-sentence state incarceration under 18 U.S.C. § 3585(a), where he has been forced to serve his …

U.S. v. Best, No. 01-4321 (3rd Cir.) (304 F.3d 308) (September 18, 2002) (Judge Julio M. Fuentes)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Best, No. 01-4321 (3rd Cir.) (304 F.3d 308) (September 18, 2002) (Judge Julio M. Fuentes) by This is one of those cases that shows the perplexing “them and us” standards espoused by our Government that causes so much enmity towards the United States. For months now the United …

Haddad v. Ashcroft, No. 02-70605 (E.D.Mich.) (221 F.Supp.2d 799) (September 17, 2002) (Judge Nancy G. Edmunds)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Detention - Generally

Haddad v. Ashcroft, No. 02-70605 (E.D.Mich.) (221 F.Supp.2d 799) (September 17, 2002) (Judge Nancy G. Edmunds) by Judge Edmunds continues to give Attorney General Ashcroft fits. Following her decision in Detroit Free Press v. Ashcroft, 195 F.Supp.2d 937 (E.D.Mich. 2002) (see P&J, 8/5/02), where she held that the DOJ had …

U.S. v. Gore, No. 01-51131 (5th Cir.) (298 F.3d 322) (July 10, 2002) (Judge Jerry E. Smith)

Article • September 1, 2002 • from P&J September, 2002

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

U.S. v. Gore, No. 01-51131 (5th Cir.) (298 F.3d 322) (July 10, 2002) (Judge Jerry E. Smith) by In this case, the Court held that the district court's failure "to state in open court" (as required by 18 U.S.C. § 3553(c)) it reasons for imposing a 7-level upward departure (to …

Torbet v. United Airlines, Inc., No. 01-55319 (9th Cir.) (298 F.3d 1087) (August 7, 2002) (Judge Jerome Farris)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Searches - Containers/Luggage

Torbet v. United Airlines, Inc., No. 01-55319 (9th Cir.) (298 F.3d 1087) (August 7, 2002) (Judge Jerome Farris) by This case is noted for its review of the current law on whether the Fourth Amendment permits random searches of carry-on bags that have already passed through an x-ray scan without …

U.S. v. Chase, No. 01-30200 (9th Cir.) (301 F.3d 1019) (August 21, 2002) (Per Curiam)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Psychotherapist-Patient Privilege

U.S. v. Chase, No. 01-30200 (9th Cir.) (301 F.3d 1019) (August 21, 2002) (Per Curiam) by The defendant in this case was convicted of violating 18 U.S.C. § 115(a)(1)(B) by threatening to murder federal law enforcement officers who were preparing to execute a search warrant on his home. On appeal, …

U.S. v. Pharis, No. 00-2855 (3rd Cir.) (298 F.3d 228) (July 26, 2002) (Judge Dolores K. Sloviter)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists

U.S. v. Pharis, No. 00-2855 (3rd Cir.) (298 F.3d 228) (July 26, 2002) (Judge Dolores K. Sloviter) by Court of Appeals lacked jurisdiction to hear the government's appeal (filed after the jury was sworn, several government witnesses testified, and the District Court, on the government's motion, reconsidered and clarified its …

U.S. v. Carter, No. 98-4912 (4th Cir.) (300 F.3d 415) (July 30, 2002) (Per Curiam)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Plain Error

U.S. v. Carter, No. 98-4912 (4th Cir.) (300 F.3d 415) (July 30, 2002) (Per Curiam) by Here the Court held that plain Apprendi error in not submitting drug quantity to jury would not be noticed due to “overwhelming evidence” of drug quantities supporting sentences in excess of statutory maximums.

U.S. v. Louis, No. 01-1836 (1st Cir.) (300 F.3d 78) (August 20, 2002) (Judge Kermit A. Lipez)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Louis, No. 01-1836 (1st Cir.) (300 F.3d 78) (August 20, 2002) (Judge Kermit A. Lipez) by Here the Court affirmed the denial of a downward departure due to extraordinary familiy circumstances under USSG § 5H1.6 based in the defendant's role model as a parent to a biracial child, …

Chambers v. Reno, No. 00-6364 (4th Cir.) (307 F.3d 284) (October 15, 2002) (Judge William B. Jr. Traxler)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Aggravated Felony

Chambers v. Reno, No. 00-6364 (4th Cir.) (307 F.3d 284) (October 15, 2002) (Judge William B. Jr. Traxler) by The Illegal Immigration Reform and Immigrant Responsibility Act of 1996's (IIRIRA) repeal of discretionary relief for aggravated felons who have been ordered deported, is not impermissibly retroactive as applied to an …

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Forfeiture, Punch And Jurists

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch) by A special condition of supervised release requiring the defendant to transfer to the Government all property required to make restitution did not constitute an illegal order of forfeiture, issue without compliance with …

U.S. v. Gonzalez, No. 01-11467 (5th Cir.) (309 F.3d 882) (October 14, 2002) (Judge Harold R. Jr. DeMoss)

Article • September 1, 2002 • from P&J September, 2002

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

U.S. v. Gonzalez, No. 01-11467 (5th Cir.) (309 F.3d 882) (October 14, 2002) (Judge Harold R. Jr. DeMoss) by The defendant in this case, Francisco Gonzalez, pled guilty to a drug conspiracy charge pursuant to a written plea agreement. As part of that agreement, Gonzalez agreed to cooperate with the …

U.S. v. Elder, No. 00-10143 (9th Cir.) (300 F.3d 996) (June 7, 2002) (Judge Michael Daly Hawkins)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification

U.S. v. Elder, No. 00-10143 (9th Cir.) (300 F.3d 996) (June 7, 2002) (Judge Michael Daly Hawkins) by Here a divided panel from the Ninth Circuit concluded that a defendant had not been prejudiced or denied a fair trial because the district court had his counsel forcibly removed from the …

U.S. v. Cafiero, No. CR. MJ-02-245-JLA (D.Mass.) (211 F.Supp.2d 328) (June 24, 2002) (Judge Magistrate)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Cafiero, No. CR. MJ-02-245-JLA (D.Mass.) (211 F.Supp.2d 328) (June 24, 2002) (Judge Magistrate) by In this case the Government tried to exercise broad jurisdiction rights over a foreign national which, had it been done by China or Iraq, would have immediately led to a major international confrontation. In …

Krimstock v. Kelly, No. 00-9488 (2nd Cir.) (306 F.3d 40) (September 18, 2002) (Judge Sonia Sotomayor)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Due Process, Punch And Jurists

Krimstock v. Kelly, No. 00-9488 (2nd Cir.) (306 F.3d 40) (September 18, 2002) (Judge Sonia Sotomayor) by In this case the Second Circuit held that a New York Cirt law allowing the seizure of vehicles from those arrested for the misdemeanor cime of driving while intoxicated is unconstitutional. The Court …

U.S. v. Farraj, No. 00 CR 1200-02(VM) (S.D.N.Y.) (211 F.Supp.2d 479) (July 18, 2002) (Judge Victor Marrero)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists

U.S. v. Farraj, No. 00 CR 1200-02(VM) (S.D.N.Y.) (211 F.Supp.2d 479) (July 18, 2002) (Judge Victor Marrero) by The defendant sought a downward departure under U.S. Sentencing Guidelines Manual § 5H1.4 on the ground that he suffered from an extraordinary physical impairment, and under U.S. Sentencing Guidelines Manual § 5K2.0 …

U.S. v. Pendergraft, No. 01-13057 (11th Cir.) (297 F.3d 1198) (July 16, 2002) (Judge Emmett Ripley Cox)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Threats

U.S. v. Pendergraft, No. 01-13057 (11th Cir.) (297 F.3d 1198) (July 16, 2002) (Judge Emmett Ripley Cox) by In this case the Court held that a threat to seek damages and use false evidence in a lawsuit, was neither "wrongful" under the Hobbs Act nor a "scheme to defraud" under …

U.S. v. Bogdan, No. 02-1655 (1st Cir.) (302 F.3d 12) (September 5, 2002) (Per Curiam)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists

U.S. v. Bogdan, No. 02-1655 (1st Cir.) (302 F.3d 12) (September 5, 2002) (Per Curiam) by This case represents one of those classic judicial confrontations over the arcane and inflexible world of the Guidelines. It also shows the dogged insistence of the U.S. Attorney’s Office in fighting against any semblance …

U.S. v. Perez, No. 02-1060 (1st Cir.) (299 F.3d 1) (August 7, 2002) (Judge Bruce M. Selya)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists

U.S. v. Perez, No. 02-1060 (1st Cir.) (299 F.3d 1) (August 7, 2002) (Judge Bruce M. Selya) by In this case the Court held that a criminal defendant is not entitled to a “missing witness” instruction with respect to a confidential informant whose testimony the Government has elected not to …