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Seretse-Khama v. Ashcroft, No. Civ. No. 02-0955 (JDB) ECF (D.D.C.) (2002 U.S. Dist. LEXIS 13637) (July 22, 2002) (Judge John D. Bates)

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

Filed under: Punch And Jurists, Detention - Generally

Seretse-Khama v. Ashcroft, No. Civ. No. 02-0955 (JDB) ECF (D.D.C.) (2002 U.S. Dist. LEXIS 13637) (July 22, 2002) (Judge John D. Bates) by Here with unusually harsh words, the Court upbraided the INS for violating the teachings of Zadvydas v. Davis by delaying the release from custody of an alien …

U.S. v. Green, No. 99-30761 (5th Cir.) (293 F.3d 886) (June 11, 2002) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists

U.S. v. Green, No. 99-30761 (5th Cir.) (293 F.3d 886) (June 11, 2002) (Judge Edith Brown Clement) by Among the issues raised on this appeal was a challenge to the jury instructions given by the district court in light of Richardson v. U.S., 526 U.S. 813 (1999). The Court conceded …

Wolf v. Ashcroft, No. 01-1869 (3rd Cir.) (297 F.3d 305) (July 24, 2002) (Judge Marjorie O. Rendell)

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

Filed under: First Amendment, Punch And Jurists

Wolf v. Ashcroft, No. 01-1869 (3rd Cir.) (297 F.3d 305) (July 24, 2002) (Judge Marjorie O. Rendell) by In this case, plaintiffs, a class of inmates at FCI-McKean, sued various government and prison officials challenging a prison policy that banned the viewing of movies rated R, X, or NC-17 and …

U.S. v. Charles, No. 01-10113 (5th Cir.) (301 F.3d 309) (July 31, 2002) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Charles, No. 01-10113 (5th Cir.) (301 F.3d 309) (July 31, 2002) (Judge E. Grady Jolly) by Here, reversing a prior panel decision, a divided en banc court held that simple theft of an automobile is not a crime of violence as defined in § 4B1.2(a)(2) for purposes of …

U.S. v. Watkins, No. Crim. No. 02-120-1 (E.D.Pa.) (200 F.Supp.2d 489) (April 19, 2002) (Judge Berle M. Schiller)

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

Filed under: Punch And Jurists

U.S. v. Watkins, No. Crim. No. 02-120-1 (E.D.Pa.) (200 F.Supp.2d 489) (April 19, 2002) (Judge Berle M. Schiller) by Here the Court dismissed with prejudice a second indictment against the defendant, after ealier charges were dismissed for Speedy Trial Act violations, changing the Government's action encouraged irresponsible gamesmanship and eviscerated …

U.S. v. Bunnell, No. Crim. 02-13-B-S (D.Me.) (201 F.Supp.2d 169) (April 22, 2002) (Judge Magistrate)

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

Filed under: Depositions, Punch And Jurists

U.S. v. Bunnell, No. Crim. 02-13-B-S (D.Me.) (201 F.Supp.2d 169) (April 22, 2002) (Judge Magistrate) by The defendant in this case was charged with possession of child pornography. As part of his defense, the defendant claimed that he possessed the pornography in connection with a course he took at a …

U.S. v. Barajas, No. 5:01 CR 1211 H(2) (E.D.N.C.) (200 F.Supp.2d 575) (April 3, 2002) (Judge Macolm J. Howard)

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

Filed under: Punch And Jurists, Proceeds of an Unlawful Activity

U.S. v. Barajas, No. 5:01 CR 1211 H(2) (E.D.N.C.) (200 F.Supp.2d 575) (April 3, 2002) (Judge Macolm J. Howard) by In this case, at the close of the Government's evidence in a drug case, the defendant moved for a judgment of acquittal on one of the counts in which the …

American Library Ass'n, Inc. v. U.S., No. CIV.A. 01-1303 (E.D.Pa.) (201 F.Supp.2d 401) (May 31, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists

American Library Ass'n, Inc. v. U.S., No. CIV.A. 01-1303 (E.D.Pa.) (201 F.Supp.2d 401) (May 31, 2002) (Judge Edward R. Becker) by In this case the plaintiffs, a group of libraries, library associations, library patrons, and Web site publishers filed suit against defendants, the United States and others, alleging that the …

U.S. v. Colon-Munoz, No. 02-1583 (1st Cir.) (292 F.3d 18) (May 30, 2002) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Pending Appeal/Sentencing

U.S. v. Colon-Munoz, No. 02-1583 (1st Cir.) (292 F.3d 18) (May 30, 2002) (Judge Michael Boudin) by Here the Court held that the defendant had failed to establish that his appellate claims were likely to result in a reversal, a new trial, or a reduced term of imprisonment as required …

U.S. v. Cassell, No. 01-3050 (D.C. Cir.) (292 F.3d 788) (June 11, 2002) (Judge David B. Sentelle)

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

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

U.S. v. Cassell, No. 01-3050 (D.C. Cir.) (292 F.3d 788) (June 11, 2002) (Judge David B. Sentelle) by The defendant in this case was convicted of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and possession of a firearm during drug trafficking. During a …

U.S. v. Cook, No. 01-15881 (11th Cir.) (291 F.3d 1297) (May 21, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cook, No. 01-15881 (11th Cir.) (291 F.3d 1297) (May 21, 2002) (Per Curiam) by The defendant in this case, who was originally sentenced to three years of probabtion, appealed her sentence of 24 months in prison, imposed by the United States District Court for the Northern District of …

U.S. v. Boyd, No. 01-15205 (11th Cir.) (291 F.3d 1274) (May 20, 2002) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Boyd, No. 01-15205 (11th Cir.) (291 F.3d 1274) (May 20, 2002) (Judge Joel F. Dubina) by The defendant in this case pled guilty to importing illegal drugs into the United States, but asserted that the district court improperly denied him a sentence adjustment for his minor role as …

U.S. v. Bishop, No. 01-50195 (9th Cir.) (291 F.3d 1100) (May 30, 2002) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists

U.S. v. Bishop, No. 01-50195 (9th Cir.) (291 F.3d 1100) (May 30, 2002) (Judge Alfred T. Goodwin) by The defendants appealed from a judgment convicting and sentencing them for one count of conspiring to defraud the Internal Revenue Service, in violation of 18 U.S.C.S. § 371, and two counts each …

Martinez v. Texas Court of Criminal Appeals, No. 02-40755 (5th Cir.) (292 F.3d 417) (May 21, 2002) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists

Martinez v. Texas Court of Criminal Appeals, No. 02-40755 (5th Cir.) (292 F.3d 417) (May 21, 2002) (Judge Carolyn Dineen King) by Here the Court rejected a civil rights suit under § 1983 charging that Texas courts had engaged in a conspiracy to knowingly and intentionally appointing incompetent counsel - …

U.S. v. Cunningham, No. 01-1252 (2nd Cir.) (292 F.3d 115) (May 29, 2002) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Cunningham, No. 01-1252 (2nd Cir.) (292 F.3d 115) (May 29, 2002) (Judge Joseph M. McLaughlin) by Here the Court held that the letter grade of an offense used in 18 USC § 3559 and USSG § 5D1,2(a) to determine the length of a term of supervised release is …

Duke v. Cockrell, No. 01-10232 (5th Cir.) (292 F.3d 414) (May 21, 2002) (Per Curiam)

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

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

Duke v. Cockrell, No. 01-10232 (5th Cir.) (292 F.3d 414) (May 21, 2002) (Per Curiam) by Here the Court held that a defendant who pled nolo contendere to a sexual assault charge was not required to be told that he would have to admit his guilt as part of a …

Center for National Security Studies v. U.S. Dept. of Justice, No. Civ. 01-2599 (GK) (D.D.C.) (215 F.Supp.2d 94) (August 2, 2002) (Judge Gladys Kessler)

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

Filed under: Punch And Jurists, Detention - Generally

Center for National Security Studies v. U.S. Dept. of Justice, No. Civ. 01-2599 (GK) (D.D.C.) (215 F.Supp.2d 94) (August 2, 2002) (Judge Gladys Kessler) by In this case various public interest organizations filed a complaint against defendant United States Department of Justice seeking disclosure of the number of people arrested …

Gerber v. Hickman, No. 00-16494 (9th Cir.) (291 F.3d 617) (May 23, 2002) (Judge Barry G. Silverman)

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

Filed under: Punch And Jurists, Association - Right of

Gerber v. Hickman, No. 00-16494 (9th Cir.) (291 F.3d 617) (May 23, 2002) (Judge Barry G. Silverman) by In this case, the plaintiff, a state inmate, was serving a sentence of 100 years to life plus 11 years. He wanted to artificially inseminate his wife because he was ineligible for …

U.S. v. Gil, No. 01-1489 (2nd Cir.) (297 F.3d 93) (July 17, 2002) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Actual Prejudice

U.S. v. Gil, No. 01-1489 (2nd Cir.) (297 F.3d 93) (July 17, 2002) (Judge Dennis G. Jacobs) by This decision is noted for its strong condemnation of the Government’s not uncommon practice of delaying the release of Brady materials to the defense until it is too late for the defense …

U.S. v. Solis, No. 99-41290 (5th Cir.) (299 F.3d 420) (July 18, 2002) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists

U.S. v. Solis, No. 99-41290 (5th Cir.) (299 F.3d 420) (July 18, 2002) (Judge Patrick E. Higginbotham) by Multiple appeals by nine defendants, from convictions and sentences for participation in a drug conspiracy, are denied except where lack of evidence of personal involvement and membership in a conspiracy, at the …