Search | Punch and Jurists

U.S. v. Lopez, No. 01-1390 (1st Cir.) (300 F.3d 46) (August 20, 2002) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Necessity

U.S. v. Lopez, No. 01-1390 (1st Cir.) (300 F.3d 46) (August 20, 2002) (Judge Juan R. Torruella) by Here the Court held that the Government must disclose, as part of its wiretap application, whether it intends to use civilian monitors to assist in the interception of the wiretaps; and it …

U.S. v. Sayles, No. 00-4833 (4th Cir.) (296 F.3d 219) (July 10, 2002) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Sayles, No. 00-4833 (4th Cir.) (296 F.3d 219) (July 10, 2002) (Judge Diana Gribbon Motz) by The two defendants in this case were convicted at trial of various drug offenses. At sentencing, the district court applied a four-level enhancement to defendant one, as an organizer or leader pursuant …

U.S. v. Moore, No. Crim.No. 00-127(EGS) (D.D.C.) (209 F.Supp.2d 180) (June 6, 2002) (Judge Emmet G. Sullivan)

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

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

U.S. v. Moore, No. Crim.No. 00-127(EGS) (D.D.C.) (209 F.Supp.2d 180) (June 6, 2002) (Judge Emmet G. Sullivan) by The defendant in this case, Ronald Moore, sold small quantities of crack cocaine to an undercover police officer on eight separate occasions before he was arrested. Moore pled guilty; and, based on …

U.S. v. Nipper, No. 98-CV-526-EA(J) (N.D.Okla.) (210 F.Supp.2d 1259) (July 11, 2002) (Judge Magistrate)

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

Filed under: Punch And Jurists

U.S. v. Nipper, No. 98-CV-526-EA(J) (N.D.Okla.) (210 F.Supp.2d 1259) (July 11, 2002) (Judge Magistrate) by In this case, the Government filed a civil action against the defendant/taxpayer seeking (a) to reduce to judgment certain outstanding tax assessments for tax years 1981-1988; (b) to set aside allegedly fraudulent conveyances of real …

U.S. v. Farraj, No. 00CR. 1200-02(VM) (S.D.N.Y.) (210 F.Supp.2d 399) (June 19, 2002) (Judge Victor Marrero)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Farraj, No. 00CR. 1200-02(VM) (S.D.N.Y.) (210 F.Supp.2d 399) (June 19, 2002) (Judge Victor Marrero) by In this case the Court held that the defendant was not entitled to a sentence departure based on “extraordinary physical impairment” due to his affliction with Gorlin Syndrome (recurrent jaw cysts) and other …

U.S. v. Butler, No. 99-3867 (6th Cir.) (297 F.3d 505) (July 30, 2002) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Delegation of Authority

U.S. v. Butler, No. 99-3867 (6th Cir.) (297 F.3d 505) (July 30, 2002) (Judge Karen Nelson Moore) by Here the Court held that delegation of determination of the amount of restitution to the Tax Court or the IRS, after a tax evasion conviction, is impermissible as an abrogation of the …

U.S. v. Gebbie, No. 01-1812 (3rd Cir.) (294 F.3d 540) (June 28, 2002) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Authority to bind other Government agencies

U.S. v. Gebbie, No. 01-1812 (3rd Cir.) (294 F.3d 540) (June 28, 2002) (Judge Richard L. Nygaard) by The two individual defendants in this case, James Gebbie and James Richter, were caught in a juggernaut. They ran a mail sorting business (Midwest Presort Mailing Services) in three states, Ohio, Pennsylvania …

Parrado v. U.S., No. 01 Civ. 2892(PKL) (S.D.N.Y.) (207 F.Supp.2d 230) (June 24, 2002) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists

Parrado v. U.S., No. 01 Civ. 2892(PKL) (S.D.N.Y.) (207 F.Supp.2d 230) (June 24, 2002) (Judge Peter K. Leisure) by In this case the petitioner filed a habeas petition, pursuant to 28 U.S.C. § 2255, challenging his drug conviction pursuant to a plea agreement dated June 30, 1997. The petitioner claimed …

U.S. v. Mezvinsky, No. CRIM.01-156 (W.D.Pa.) (206 F.Supp.2d 661) (June 3, 2002) (Judge Stewart Dalzell)

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

Filed under: Punch And Jurists

U.S. v. Mezvinsky, No. CRIM.01-156 (W.D.Pa.) (206 F.Supp.2d 661) (June 3, 2002) (Judge Stewart Dalzell) by The defendant in this case was indicted on 69 counts of violation of federal law related to allegedly fraudulent schemes and related financial crimes over a 12-year period. Defendant gave notice of a mental …

U.S. v. Smith, No. 01-2605 (3rd Cir.) (294 F.3d 473) (June 24, 2002) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 01-2605 (3rd Cir.) (294 F.3d 473) (June 24, 2002) (Judge Richard L. Nygaard) by Here the Court vacated judgments of acquittal of charges against police officers for conspiracy to violate an individual's civil rights where a concerted concealment showed the existence of a conspiracy among the …

U.S. v. Reid, No. CR.A. 02-10013-WGY (D.Mass.) (206 F.Supp.2d 132) (June 11, 2002) (Judge William G. Young)

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

Filed under: Punch And Jurists, USA Patriot Act

U.S. v. Reid, No. CR.A. 02-10013-WGY (D.Mass.) (206 F.Supp.2d 132) (June 11, 2002) (Judge William G. Young) by The defendant in this case, Richard Reid, was accused of attempting to detonate an explosive device in his shoe while aboard an international flight from Paris to Miami that was diverted to …

U.S. v. Barnes, No. 01-3048 (D.C. Cir.) (295 F.3d 1354) (July 23, 2002) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Domestic Violence

U.S. v. Barnes, No. 01-3048 (D.C. Cir.) (295 F.3d 1354) (July 23, 2002) (Judge Karen LeCraft Henderson) by The defendant in this case was convicted of unlawful possession of a firearm under 18 U.S.C. § 922(g)(9), which make sit unlawful for a person convicted of domestic violence to possess firearms …

Vargas v. U.S., No. 01 Civ. 5527(VM) (S.D.N.Y.) (207 F.Supp.2d 304) (July 27, 2002) (Judge Victor Marrero)

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

Filed under: Punch And Jurists

Vargas v. U.S., No. 01 Civ. 5527(VM) (S.D.N.Y.) (207 F.Supp.2d 304) (July 27, 2002) (Judge Victor Marrero) by In this case the petitioner inmate, acting pro se, filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C.S. § 2255, to vacate, set aside, or correct his sentence. …

U.S. v. Noble, No. 01-4287 (7th Cir.) (299 F.3d 907) (August 20, 2002) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Noble, No. 01-4287 (7th Cir.) (299 F.3d 907) (August 20, 2002) (Judge Ann Claire Williams) by Here the Court held there was no Apprenci violation where a combined consecutive sentence did not exceed the combined maximum for the two counts, but reliable evidence did not support attribution of …

U.S. v. Casado, No. 01-1488 (2nd Cir.) (303 F.3d 440) (September 12, 2002) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Casado, No. 01-1488 (2nd Cir.) (303 F.3d 440) (September 12, 2002) (Judge Robert D. Sack) by In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court addressed an important question concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and …

U.S. v. Travis, No. 01-3954 (7th Cir.) (294 F.3d 837) (June 19, 2002) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Statements - Out of Court

U.S. v. Travis, No. 01-3954 (7th Cir.) (294 F.3d 837) (June 19, 2002) (Judge Kenneth F. Ripple) by Denial of an acceptance-of-responsibility sentence adjustment was not clearly erroneous, based on defendant's comments to probation officials, which demonstrated that he did not fully appreciate the illegality of his actions supporting mail …

U.S. v. Wattleton, No. 00-13125 (11th Cir.) (296 F.3d 1184) (July 9, 2002) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Insanity Defense Reform Act

U.S. v. Wattleton, No. 00-13125 (11th Cir.) (296 F.3d 1184) (July 9, 2002) (Judge Frank May Hull) by The defendant in this case was charged with and tried for making bomb threats after his employment was terminated. The jury determined that defendant was not guilty by reason of insanity, and …

U.S. v. Milan, No. 01-2603 (3rd Cir.) (304 F.3d 273) (September 3, 2002) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists

U.S. v. Milan, No. 01-2603 (3rd Cir.) (304 F.3d 273) (September 3, 2002) (Judge Morton I. Greenberg) by

U.S. v. Smith, No. 01-10017 (5th Cir.) (296 F.3d 344) (June 26, 2002) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Smith, No. 01-10017 (5th Cir.) (296 F.3d 344) (June 26, 2002) (Judge Edith Brown Clement) by Both of the Appellants in this case were convicted of four counts of possession of a firearm during and in relation to a crime of violence. 18 U.S.C. § 924 (c)(1)(A) imposes …

U.S. v. Chase, No. 00-4803 (4th Cir.) (296 F.3d 247) (July 10, 2002) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Chase, No. 00-4803 (4th Cir.) (296 F.3d 247) (July 10, 2002) (Judge William W. Jr. Wilkins) by Although a single 360-month sentence for conspiracy exceeded the applicable statutory maximum, such error was harmless under Apprendi where the district court could have sentenced defendant to consecutive terms totaling 360 …