Search | Punch and Jurists

U.S. v. Chase, No. 01-10198 (D.Mass.) (221 F.Supp.2d 209) (September 13, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Chase, No. 01-10198 (D.Mass.) (221 F.Supp.2d 209) (September 13, 2002) (Judge Nancy Gertner) by The two defendants in this case, Erica Chase and Leo Felton, were charged, in a 12-count Indictment, with a number of crimes of violence that involved “white supremacist and [other] illegal activities.” They were …

U.S. v. Hernandez, No. 01-118 (8th Cir.) (301 F.3d 887) (September 9, 2002) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists

U.S. v. Hernandez, No. 01-118 (8th Cir.) (301 F.3d 887) (September 9, 2002) (Judge Myron H. Bright) by District court did not err in granting defendant's motion for judgment of acquittal as the government's evidence was insufficient to establish beyond a reasonable doubt that defendant committed the offense of aiding …

U.S. v. Hollingsworth, No. 01-3389 (8th Cir.) (298 F.3d 700) (August 2, 2002) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Hollingsworth, No. 01-3389 (8th Cir.) (298 F.3d 700) (August 2, 2002) (Judge C. Arlen Beam) by The defendant in this case was convicted of three counts of attempting to manufacture methamphetamine, and was initially sentenced to 32 years' imprisonment for each conviction, with the sentences to run concurrently. …

Ruggiano v. Reish, No. 01-3703 (3rd Cir.) (307 F.3d 121) (October 1, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Credits

Ruggiano v. Reish, No. 01-3703 (3rd Cir.) (307 F.3d 121) (October 1, 2002) (Judge Edward R. Becker) by Here the Court held that a sentencing court had authority under U.S.S.G. § 5G1.3 to adjust a sentence for time served on a state sentence, in a way that is binding on …

U.S. v. Gamez, No. 00-10307 (9th Cir.) (301 F.3d 1138) (August 29, 2002) (Judge Joseph T. Sneed)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Gamez, No. 00-10307 (9th Cir.) (301 F.3d 1138) (August 29, 2002) (Judge Joseph T. Sneed) by Here the Court affirmed an enhancement for murder under U.S.S.G. § 2D1.1(d)(1) on the grounds that the murder was both foreseeable and in furtherance of the underlying drug conspiracy, even though the …

Habtegaber v. Jenifer, No. CIV. 02-40072 (E.D.Mich.) (213 F.Supp.2d 792) (July 26, 2002) (Judge Paul V. Gadola)

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

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

Habtegaber v. Jenifer, No. CIV. 02-40072 (E.D.Mich.) (213 F.Supp.2d 792) (July 26, 2002) (Judge Paul V. Gadola) by

U.S. v. Ahlers, No. 01-2570 (1st Cir.) (305 F.3d 54) (September 30, 1992) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Factors To Be Considered

U.S. v. Ahlers, No. 01-2570 (1st Cir.) (305 F.3d 54) (September 30, 1992) (Judge Bruce M. Selya) by In this case the Court held that a Government motion, pursuant to U.S.S.G. § 5K1.1, for a downward departure to reflect a defendant's substantial assistance does not remove the constraint of a …

North Jersey Media Group, Inc. v. Ashcroft, No. 02-2524 (3rd Cir.) (308 F.3d 198) (October 8, 2002) (Judge Edward R. Becker)

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

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

North Jersey Media Group, Inc. v. Ashcroft, No. 02-2524 (3rd Cir.) (308 F.3d 198) (October 8, 2002) (Judge Edward R. Becker) by Shortly after the terrorist attacks on September 11, 2001, Attorney General Ashcroft ordered Chief Immigration Judge Michael Creppy to issue a directive to all U.S. Immigration judges requiring …

U.S. v. Malley, No. 01-30069 (9th Cir.) (307 F.3d 1032) (October 7, 2002) (Judge Johnnie B. Rawlinson)

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

Filed under: Punch And Jurists

U.S. v. Malley, No. 01-30069 (9th Cir.) (307 F.3d 1032) (October 7, 2002) (Judge Johnnie B. Rawlinson) by This case addressed a novel argument concerning the scope and intent of the provisions of Application Note 6 (“Note 6") to U.S.S.G. § 5C1.1 (a provision entitled “Imposition of a Term of …

U.S. v. Rodriguez, No. CR. 01-59-N (M.D.Ala.) (213 F.Supp.2d 1298) (July 30, 2002) (Judge Myron H. Thompson)

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

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Rodriguez, No. CR. 01-59-N (M.D.Ala.) (213 F.Supp.2d 1298) (July 30, 2002) (Judge Myron H. Thompson) by U.S. v. Rodriguez, 213 F.Supp.2d 1298 (M.D.Ala. July 30, 2002) (Judge Thompson) (Case 1) U.S. v. Rodriguez, 214 F.Supp.2d 1239 (M.D.Ala. Aug. 08, 2002) (Judge Thompson) (Case 2) Sometimes we cringe when …

U.S. v. Longoria, No. 00-50405 (5th Cir.) (298 F.3d 367) (July 12, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Longoria, No. 00-50405 (5th Cir.) (298 F.3d 367) (July 12, 2002) (Per Curiam) by Here the en banc Court held that the failure to charge drug quantity in an indictment is not jurisdictional in nature and that, in determining whether there is reversible error, it is proper for …

U.S. v. Pickard, No. 00-40103-01/02-RDR (D.Kan.) (211 F.Supp.2d 1287) (June 20, 2002) (Judge Richard Dean Rogers)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Pickard, No. 00-40103-01/02-RDR (D.Kan.) (211 F.Supp.2d 1287) (June 20, 2002) (Judge Richard Dean Rogers) by Here the Court addressed a huge, shopping-list of "accusations and allegations" against its key witness that the Government wanted to prevent the defense from raising or introducing into evidence; which it resolved by …

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: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch) by The principal issue in this appeal was whether the defendant had forfeited his right to object to the district court’s refusal at sentencing to grant him an additional one-level downward adjustment for …

U.S. v. Perez, No. 01-CR-1377 (JBW) (E.D.N.Y.) (213 F.Supp.2d 229) (July 25, 2002) (Judge Jack B. Weinstein)

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

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

U.S. v. Perez, No. 01-CR-1377 (JBW) (E.D.N.Y.) (213 F.Supp.2d 229) (July 25, 2002) (Judge Jack B. Weinstein) by The defendant/alien in this case was charged with criminal reentry into this country after deportation. He moved to dismiss his indictment on the collateral ground that ineptness of his attorney during his …

Andersen v. U.S., No. 01-56900 (9th Cir.) (298 F.3d 804) (July 30, 2002) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Return/Retention of Property

Andersen v. U.S., No. 01-56900 (9th Cir.) (298 F.3d 804) (July 30, 2002) (Judge Susan P. Graber) by Here the Court refused to overrule the district court's refusal to grant a preliminary injunction requiring the Government to return the list of names of the members of plaintiff's tax protester organization …

U.S. v. Zats, No. 00-2757 (3rd Cir.) (298 F.3d 182) (August 5, 2002) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists

U.S. v. Zats, No. 00-2757 (3rd Cir.) (298 F.3d 182) (August 5, 2002) (Judge Thomas L. Ambro) by Here, although the court found the use of the word “and” in U.S.S.G. § 3A1.1(b) “troubling,” it concluded that vulnerable victim status is not limited to those hurt by the offense of …

U.S. v. Velasquez, No. 01-1599 (3rd Cir.) (304 F.3d 237) (September 20, 2002) (Judge Joseph F. Jr. Weis)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Velasquez, No. 01-1599 (3rd Cir.) (304 F.3d 237) (September 20, 2002) (Judge Joseph F. Jr. Weis) by This is an important Guidelines case, because it is the first case we have seen that both questions and challenges the widely held (but relatively recent) assumption that U.S.S.G. § 5G1.2(d) …

Ferguson v. City of Charleston, No. 97-2512 (4th Cir.) (308 F.3d 380) (October 17, 2002) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Consent

Ferguson v. City of Charleston, No. 97-2512 (4th Cir.) (308 F.3d 380) (October 17, 2002) (Judge William W. Jr. Wilkins) by In an action alleging that a hospital policy of drug testing pregnant women's urine constituted an unreasonable search under the 4th Amendment, no rational jury could find that patients …

U.S. v. Culps, No. 99-30169 (9th Cir.) (300 F.3d 1069) (August 19, 2002) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Culps, No. 99-30169 (9th Cir.) (300 F.3d 1069) (August 19, 2002) (Judge Raymond C. Fisher) by Here the Court specifically approved in principle the use of a "multiplier" method of calculating drug quantities over a period of time, although it also held that under the facts of this …

In Re Application of the U.S. for Material Witness Warrant, No. 01 MISC. 1750(JSR) (S.D.N.Y.) (214 F.Supp.2d 356) (August 5, 2002) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Material Witness Statute

In Re Application of the U.S. for Material Witness Warrant, No. 01 MISC. 1750(JSR) (S.D.N.Y.) (214 F.Supp.2d 356) (August 5, 2002) (Judge Jed S. Rakoff) by Judge Rakoff started his decision in the case by stating: "The issue here presented concerns the extent of the Court's authority to inquire into …