Search | Punch and Jurists

U.S. v. Williams, No. 01-3351 (3rd Cir.) (299 F.3d 250) (July 30, 2002) (Judge Max Rosenn)

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

Filed under: Punch And Jurists

U.S. v. Williams, No. 01-3351 (3rd Cir.) (299 F.3d 250) (July 30, 2002) (Judge Max Rosenn) by Here the Court held that arson of a vacant building, available for rent but not actually leased at the time of the fire, sufficiently affected interstate commerce, to constitute a federal crime under …

Almonte-Vargas v. Elwood, No. 02-CV-2666 (E.D.Pa.) (2002 U.S. Dist. LEXIS 12387) (June 28, 2002) (Judge R. Barclay Surrick)

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

Filed under: Punch And Jurists, Detention - Generally

Almonte-Vargas v. Elwood, No. 02-CV-2666 (E.D.Pa.) (2002 U.S. Dist. LEXIS 12387) (June 28, 2002) (Judge R. Barclay Surrick) by This is another one of a growing string of decisions that deals with the Government’s increasingly bold “above-the-law” approach to aliens and immigrants. In this case, calling the posture of the …

U.S. v. Marrero, No. 01-2283 (7th Cir.) (299 F.3d 653) (August 5, 2002) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Marrero, No. 01-2283 (7th Cir.) (299 F.3d 653) (August 5, 2002) (Judge Richard A. Posner) by The two defendants in this case, “Little Bum” Marrero and “Fat Man” Hernandez, lured three drug dealers from Detroit to a rendezvous in Chicago on the pretext of selling them cocaine. When …

U.S. v. Cleaves, No. 00-5854 (6th Cir.) (299 F.3d 564) (August 6, 2002) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Cleaves, No. 00-5854 (6th Cir.) (299 F.3d 564) (August 6, 2002) (Judge Martha Craig Daughtrey) by Here the Court held the failure to instruct the jury to determine the type of drug involved in a conspiracy did not violate Apprendi where evidence that defendant was involved in a …

U.S. v. Liero, No. 02-50026 (9th Cir.) (298 F.3d 1175) (August 15, 2002) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Liero, No. 02-50026 (9th Cir.) (298 F.3d 1175) (August 15, 2002) (Judge Alex Kozinski) by Here the Court rejected a challenge that the Federal statutes, requiring imposition of a term of supervised releasefollowing a sentence of imprisonment (21 U.S.C. § 960 and 18 U.S.C. § 3583(a)), are unconstitutional …

U.S. v. Jamison, No. 01-1483 (2nd Cir.) (299 F.3d 114) (August 5, 2002) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Jamison, No. 01-1483 (2nd Cir.) (299 F.3d 114) (August 5, 2002) (Judge Pierre N. Leval) by The Tenth Amendment provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the …

U.S. v. Jamison, No. 01-1483 (2nd Cir.) (299 F.3d 114) (August 5, 2002) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Jamison, No. 01-1483 (2nd Cir.) (299 F.3d 114) (August 5, 2002) (Judge Pierre N. Leval) by "The current race to federalize state crimes epitomizes the very tendency most feared by those who wrote and ratified the Constitution: a strong central government relegating to itself all power. That concern …

U.S. v. Beckman, No. 01-50288 (9th Cir.) (291 F.3d 586) (May 21, 2002) (Judge Michael Daly Hawkins)

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

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

U.S. v. Beckman, No. 01-50288 (9th Cir.) (291 F.3d 586) (May 21, 2002) (Judge Michael Daly Hawkins) by The defendant in this case argued that the government improperly referred to a prior arrest and prior conviction under the guise of impeachment and that the district court improperly admitted such evidence. …

U.S. v. Conley, No. 01-1587 (7th Cir.) (291 F.3d 464) (May 23, 2002) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Duplicity/Multiplicity

U.S. v. Conley, No. 01-1587 (7th Cir.) (291 F.3d 464) (May 23, 2002) (Judge John L. Coffey) by The defendant in this case was charged with violating the provisions of Armed Career Criminal Act (18 U.S.C. § 922(g)(1)) by possessing firearms on two separate occasions as a convicted felon. After …

San-Miguel v. Dove, No. 01-6115 (4th Cir.) (291 F.3d 257) (May 21, 2002) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists

San-Miguel v. Dove, No. 01-6115 (4th Cir.) (291 F.3d 257) (May 21, 2002) (Judge J. Harvie III Wilkinson) by Both of the defendants in this consolidated appeal were convicted long before Apprendi was decided and both pursued direct appeals in which they did not raise any Apprendi claims. Instead, both …

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (291 F.3d 1245) (May 31, 2002) (Judge Bobby R. Baldock)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (291 F.3d 1245) (May 31, 2002) (Judge Bobby R. Baldock) by The great Judge Jerome Frank once wrote: "If we continue to do nothing practical to prevent [prosecutorial misconduct], we should cease to disapprove it. For otherwise it will be as if we …

Vincent v. Jones, No. 00-2441 (9th Cir.) (292 F.3d 506) (June 6, 2002) (Judge Joseph M. Hood)

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

Filed under: Habeas Corpus, Punch And Jurists

Vincent v. Jones, No. 00-2441 (9th Cir.) (292 F.3d 506) (June 6, 2002) (Judge Joseph M. Hood) by Petitioner, who had been convicted in a Michigan state court of first-degree murder, filed a habeas corpus petition pursuant to 28 U.S.C.S. § 2254 in the United States District Court for the …

U.S. v. Govan, No. 01-16237 (11th Cir.) (293 F.3d 1248) (April 26, 2002) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Govan, No. 01-16237 (11th Cir.) (293 F.3d 1248) (April 26, 2002) (Per Curiam) by When is a prison sentence long enough? Probably never when is comes to prosecuting crack offenders. In this case, the defendant, Thomas Govan, a 38-year old Black male, was a crack addict. He was …

U.S. v. Roach, No. 01-2618 (7th Cir.) (296 F.3d 565) (July 10, 2002) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists

U.S. v. Roach, No. 01-2618 (7th Cir.) (296 F.3d 565) (July 10, 2002) (Judge Ann Claire Williams) by Here the court held that in sentencing for an embezzlement conviction, a downward departure was improper under U.S.S.G. § 5K2.13 (Diminished Capacity) where defendant's mental condition at the time of the offense …

U.S. v. Kay, No. Crim.A. H-01-914 (S.D.Tex.) (200 F.Supp.2d 681) (April 18, 2002) (Judge David Hittner)

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

Filed under: Punch And Jurists, Foreign Corrupt Practices Act (FCPA)

U.S. v. Kay, No. Crim.A. H-01-914 (S.D.Tex.) (200 F.Supp.2d 681) (April 18, 2002) (Judge David Hittner) by The defendants in this case were charged by a 12-count indictment with violations of the Foreign Corrupt Practices Act of 1977 (FCPA), 15 U.S.C.S. §§ 78dd-1 et seq. Defendants moved to dismiss the …

U.S. v. Stephens, No. 2:01-CR-66-01 (N.D.Ga.) (202 F.Supp.2d 1361) (April 25, 2002) (Judge William C. O'Kelley)

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

Filed under: Punch And Jurists, Authencity/Authentication

U.S. v. Stephens, No. 2:01-CR-66-01 (N.D.Ga.) (202 F.Supp.2d 1361) (April 25, 2002) (Judge William C. O'Kelley) by In this case the government requested a pre-trial hearing on the admissibility of certain electronic surveillance tapes following defendant's arrest and indictment on federal methamphetamine trafficking charges. As stated by the Court, the …

U.S. v. Patterson, No. 00-30306 (9th Cir.) (292 F.3d 615) (May 16, 2002) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists

U.S. v. Patterson, No. 00-30306 (9th Cir.) (292 F.3d 615) (May 16, 2002) (Judge Richard C. Tallman) by The defendant in this case was convicted of manufacturing 100 or more marijuana plants in violation of 21 U.S.C. § 841 and he was sentenced to 188 months in prison. On appeal …

U.S. v. Ebel, No. 01-2229 (3rd Cir.) (299 F.3d 187) (August 6, 2002) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Participation in plea discussions

U.S. v. Ebel, No. 01-2229 (3rd Cir.) (299 F.3d 187) (August 6, 2002) (Judge Jane R. Roth) by Here the Court held that a guilty plea was not coerced (and did not violate the provisions of Rule 11(e)(1)) by the district judge's commitment, during plea negotiations, to sentence defendant at …

U.S. v. Reyes, No. 01-50737 (5th Cir.) (300 F.3d 555) (July 25, 2002) (Judge Carl E. Stewart)

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

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

U.S. v. Reyes, No. 01-50737 (5th Cir.) (300 F.3d 555) (July 25, 2002) (Judge Carl E. Stewart) by This case initially caught our eye because it involved the imposition of a 151-month sentence on a 76-year old man who pled guilty to importing 110 bundles of marijuana (weighing 78 kilos) …

U.S. v. Duarte-Penaloza, No. 2:99-CR-36-01 (N.D.Ga.) (202 F.Supp.2d 1370) (April 30, 2002) (Judge William C. O'Kelley)

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

Filed under: Punch And Jurists

U.S. v. Duarte-Penaloza, No. 2:99-CR-36-01 (N.D.Ga.) (202 F.Supp.2d 1370) (April 30, 2002) (Judge William C. O'Kelley) by U.S. v. Moreno, 201 F.Supp.2d 1264 (S.D.Ga. 2002) (Judge Moore) U.S. v. Duarte-Penaloza, 202 F.Supp.2d 1370 (N.D.Ga. 2002) (Judge O’Kelley) These two cases represent different approaches to the one-year filing deadline period established …