Search | Punch and Jurists

U.S. v. Smalley, No. 01-3898 (8th Cir.) (294 F.3d 1030) (June 28, 2002) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists

U.S. v. Smalley, No. 01-3898 (8th Cir.) (294 F.3d 1030) (June 28, 2002) (Judge Morris Sheppard Arnold) by The defendant in this case entered a plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The Government then filed a notice …

U.S. v. U.S. Currency in the Amount of $119.984, More or Less, No. 01-6077 (2nd Cir.) (304 F.3d 165) (September 5, 2002) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. U.S. Currency in the Amount of $119.984, More or Less, No. 01-6077 (2nd Cir.) (304 F.3d 165) (September 5, 2002) (Judge Chester J. Straub) by Here the Court held that a finding made by a sentencing court that the source and proposed use of funds seized by the …

U.S. v. Dalgado-Nunez, No. 01-50438 (5th Cir.) (295 F.3d 494) (June 20, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Dalgado-Nunez, No. 01-50438 (5th Cir.) (295 F.3d 494) (June 20, 2002) (Judge Jerry E. Smith) by In a conviction for illegal presence in the U.S., an upward sentence departure under U.S.S.G. § 4A1.3 was proper, based on past "lenient" treatment of defendant's criminal conduct including three DWI convictions …

U.S. v. Jimenez, No. 01-50597 (9th Cir.) (300 F.3d 1166) (August 27, 2002) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Jimenez, No. 01-50597 (9th Cir.) (300 F.3d 1166) (August 27, 2002) (Judge Kim McLane Wardlaw) by Here the Court vacated enhancements both for using a minor to commit a crime (USSG § 3B1.4) and for obstruction of justice based on perjury at trial (USSG § 3C1.1) - holding …

Collier v. Davis, No. 01-1742 (7th Cir.) (301 F.3d 843) (August 29, 2002) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Collier v. Davis, No. 01-1742 (7th Cir.) (301 F.3d 843) (August 29, 2002) (Judge Ann Claire Williams) by The issue before the court on this appeal was whether the State's alleged failure to disclose an understanding or informal agreement of leniency in exchange for the key witness's testimony violated Brady …

U.S. v. Goldberg, No. 01-5052 (10th Cir.) (295 F.3d 1133) (July 9, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Recidivism

U.S. v. Goldberg, No. 01-5052 (10th Cir.) (295 F.3d 1133) (July 9, 2002) (Judge David M. Ebel) by The Government appealed from an order of Judge Burrage of the N.D.Okla. In which he granted an eight-level departure at sentencing, pursuant to U.S.S.G. § 2G2.4(a), asserting the departure was an abuse …

Lawrence v. Bowersox, No. 01-1813 (8th Cir.) (297 F.3d 727) (July 22, 2002) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Lawrence v. Bowersox, No. 01-1813 (8th Cir.) (297 F.3d 727) (July 22, 2002) (Judge C. Arlen Beam) by Here the Court held that dousing prisoners with pepper spray from a large cannister violated their rights to be free from cruel and unusual punishment under the Eighth Amendment and gave rise …

U.S. v. Mansoori, No. 99-1492 (7th Cir.) (304 F.3d 635) (August 29, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists

U.S. v. Mansoori, No. 99-1492 (7th Cir.) (304 F.3d 635) (August 29, 2002) (Judge Ilana Diamond Rovner) by Here the Court held the district court erred in holding the defendant was ineligible for a § 5K2.13 departure (diminished mental capacity) because its assessment improperly relied on the indictment's language to …

U.S. v. Downing, No. 01-1437 (2nd Cir.) (297 F.3d 52) (July 1, 2002) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Attempts/Incomplete Acts

U.S. v. Downing, No. 01-1437 (2nd Cir.) (297 F.3d 52) (July 1, 2002) (Judge Robert D. Sack) by Two of the defendants in this case, Samuel Ward and Daniel Drucker, were convicted at trial of conspiracy to commit wire fraud and securities fraud. The convictions arose out of the prosecution …

U.S. v. Benevolence International Foundation, Inc., No. 02 CR 414 (N.D.Ill.) (2002 U.S. Dist. LEXIS 17223) (September 13, 2002) (Judge Joan B. Gottschall)

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

Filed under: Punch And Jurists

U.S. v. Benevolence International Foundation, Inc., No. 02 CR 414 (N.D.Ill.) (2002 U.S. Dist. LEXIS 17223) (September 13, 2002) (Judge Joan B. Gottschall) by Once again a Federal court has embarrassed and clipped the wings of the Department of Justice for another of its anti-terrorism bloopers - this time a …

U.S. v. Finley, No. 01-10087 (9th Cir.) (301 F.3d 1000) (August 20, 2002) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists

U.S. v. Finley, No. 01-10087 (9th Cir.) (301 F.3d 1000) (August 20, 2002) (Judge Myron H. Bright) by This case is noted because it explores the creative use of some of the “constantly-evolving conceptions” of mental health defenses to criminal charges. Among the many issues addressed by the Court in …

U.S. v. O'Hara, No. 01-2950 (7th Cir.) (301 F.3d 563) (August 20, 2002) (Judge William J. Bauer)

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

Filed under: Punch And Jurists

U.S. v. O'Hara, No. 01-2950 (7th Cir.) (301 F.3d 563) (August 20, 2002) (Judge William J. Bauer) by Defendant was not denied full access to an FBI file on a government witness under Brady, where any evidence potentially favorable to defendant was disclosed in time for him to make use …

U.S. v. Faulkingham, No. 01-2276 (1st Cir.) (295 F.3d 85) (July 9, 2002) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Fruit of the Poisonous Tree

U.S. v. Faulkingham, No. 01-2276 (1st Cir.) (295 F.3d 85) (July 9, 2002) (Judge Sandra L. Lynch) by In this case, the defendant was indicted for violating 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C.S. § 2. He moved to suppress unwarned statements made to drug enforcement agents while in …

U.S. v. Randle, No. 97-20360 (5th Cir.) (304 F.3d 373) (August 26, 2002) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Randle, No. 97-20360 (5th Cir.) (304 F.3d 373) (August 26, 2002) (Judge Edith H. Jones) by Travis Randle is going to spend a long, long time in prison wondering how the U.S. system of justice works. In 1996, he and eight co-defendants were tried for and convicted of …

U.S. v. Mansoori, No. 99-1492 (7th Cir.) (304 F.3d 635) (August 29, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Mansoori, No. 99-1492 (7th Cir.) (304 F.3d 635) (August 29, 2002) (Judge Ilana Diamond Rovner) by Here, although the Court agreed that the district court had committed error in ordering the empanelling of an anonymous jury, it held the error was harmless in view of the extensive voir …

U.S. v. Modena, No. 00-2477 (6th Cir.) (302 F.3d 626) (September 9, 2002) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Modena, No. 00-2477 (6th Cir.) (302 F.3d 626) (September 9, 2002) (Judge Ronald Lee Gilman) by In an appeal from conviction for tax-evasion,the Sixth Circuit held that the district court had abused its discretion in requiring defendant to undergo testing and treatment for drug and alcohol abuse, and …

U.S. v. Acosta, No. 01-2224 (1st Cir.) (303 F.3d 78) (August 30, 2002) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Acosta, No. 01-2224 (1st Cir.) (303 F.3d 78) (August 30, 2002) (Judge Hugh H. Bownes) by The Court held that the exclusionary rule does not bar the use of evidence seized in violation of a defendant's 4th Amendment rights at sentencing; but left open the question whether such …

Milstein v. Cooley, No. CV 99-01054 DDP (AIJX) (C.D.Cal.) (208 F.Supp.2d 1116) (June 12, 2002) (Judge Dean D. Pregerson)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Milstein v. Cooley, No. CV 99-01054 DDP (AIJX) (C.D.Cal.) (208 F.Supp.2d 1116) (June 12, 2002) (Judge Dean D. Pregerson) by Here after the 9th Circuit held that the district court had erred by dismissing, on the grounds of absolute immunity, a civil rights suit against prosecutors for malicious prosecution, the …

U.S. v. Knox, No. 01-3000 (7th Cir.) (301 F.3d 616) (August 28, 2002) (Judge Ilana Diamond Rovner)

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

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

U.S. v. Knox, No. 01-3000 (7th Cir.) (301 F.3d 616) (August 28, 2002) (Judge Ilana Diamond Rovner) by In this case the Court held that admission of evidence of nine "bad acts" (involving prior drug transactions) under Federal Rule of Evidence 404(b) was proper to prove knowledge of possession and …

In Re All Matters Submitted to the Foreign Intelligence Surveillance Court, No. 02-429 (F.I.S.C.) (218 F.Supp.2d 611) (May 17, 2002) (Judge Royce C. Lamberth)

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

Filed under: Punch And Jurists, Foreign Intelligence Surveillance Act (FISA)

In Re All Matters Submitted to the Foreign Intelligence Surveillance Court, No. 02-429 (F.I.S.C.) (218 F.Supp.2d 611) (May 17, 2002) (Judge Royce C. Lamberth) by Back in 1978, Congress enacted the Foreign Intelligence Surveillance Act (50 U.S.C. §§ 1801-1862) (FISA), which established certain procedures for requesting judicial authorization for electronic …