Search | Punch and Jurists

U.S. v. Moreno, No. CR597-10 (S.D.Ga.) (201 F.Supp.2d 1264) (April 16, 2002) (Judge William T. Jr. Moore)

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

Filed under: Punch And Jurists

U.S. v. Moreno, No. CR597-10 (S.D.Ga.) (201 F.Supp.2d 1264) (April 16, 2002) (Judge William T. Jr. Moore) 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 …

U.S. v. Coleman, No. S2-401CR296ERW (E.D.Mo.) (202 F.Supp.2d 962) (February 15, 2002) (Judge E. Richard Webber)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Coleman, No. S2-401CR296ERW (E.D.Mo.) (202 F.Supp.2d 962) (February 15, 2002) (Judge E. Richard Webber) by The defendant in this case was charged with conspiring to commit armed robbery of financial institutions, attempted armed bank robbery, and using, carrying, and brandishing firearms during, and in relation to a robbery. …

U.S. v. Riera, No. 00-1815 (2nd Cir.) (298 F.3d 128) (August 1, 2002) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Riera, No. 00-1815 (2nd Cir.) (298 F.3d 128) (August 1, 2002) (Judge Robert D. Sack) by The defendant in this case, Alberto Riera, pled guilty to 11 counts of wire fraud, involving the embezzlement of $541,000 from a former employer. In the plea agreement, the defendant also admitted …

U.S. v. Hernandez-Neave, No. 01-50059 (5th Cir.) (291 F.3d 296) (December 21, 2001) (Judge Robert M. Parker)

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

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

U.S. v. Hernandez-Neave, No. 01-50059 (5th Cir.) (291 F.3d 296) (December 21, 2001) (Judge Robert M. Parker) by

U.S. v. Descent, No. 01-14735 (11th Cir.) (292 F.3d 703) (May 28, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Grouping

U.S. v. Descent, No. 01-14735 (11th Cir.) (292 F.3d 703) (May 28, 2002) (Per Curiam) by Guideline Amendment 634, among other things, added the following application note to USSG § 2S1.1: "In a case in which the defendant is convicted of a count of laundering funds and a count for …

U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (204 F.Supp.2d 1157) (May 13, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Revocation Proceedings

U.S. v. Hammond, No. 01-CR-108 (E.D.Wisc.) (204 F.Supp.2d 1157) (May 13, 2002) (Judge Lynn S. Adelman) by In the is case, the defendant, who was charged with racketeering and drug-related offenses, was granted bail in the amount of $ 135,000. The Government moved to revoke the bail on a number …

U.S. v. Williams, No. 00-4173 (10th Cir.) (292 F.3d 681) (June 11, 2002) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Williams, No. 00-4173 (10th Cir.) (292 F.3d 681) (June 11, 2002) (Judge Wade Brorby) by This case is noted principally for its confirmation of the principle that restitution may be ordered for related conduct for which the defendant has not been convicted. The defendant in this case pled …

U.S. v. Bert, No. 01-10175 (9th Cir.) (292 F.3d 649) (June 4, 2002) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Bert, No. 01-10175 (9th Cir.) (292 F.3d 649) (June 4, 2002) (Judge Thomas G. Nelson) by Section 841(b)(1)(A) mandates a minimum sentence of ten years for any mixture or substance that "contains a detectable amount" of a prohibited drug, unless the drug is cocaine base. n4 If the …

U.S. v. Samuel, No. 01-3032 (D.C. Cir.) (296 F.3d 1169) (August 6, 2002) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists

U.S. v. Samuel, No. 01-3032 (D.C. Cir.) (296 F.3d 1169) (August 6, 2002) (Judge Merrick B. Garland) by Here the Court held that a sentence enhancement under U.S.S.G. § 2J1.7 did not violate Apprendi, where the fact that defendant was on release at the time of a second crime was …

U.S. v. Burns, No. 00-5839 (6th Cir.) (298 F.3d 523) (July 29, 2002) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Burns, No. 00-5839 (6th Cir.) (298 F.3d 523) (July 29, 2002) (Judge Ronald Lee Gilman) by Among the many issues covered in this appeal was a challenge to the Governmment's use, during its opening, of a Power Point slide presentation which contained a number if images (e.g., large …

U.S. v. Dominguez, No. 01-1855 (3rd Cir.) (296 F.3d 192) (July 16, 2002) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Dominguez, No. 01-1855 (3rd Cir.) (296 F.3d 192) (July 16, 2002) (Judge Richard L. Nygaard) by The Guidelines provide that family ties and responsibilities (a Specific Offender Characteristic) “are not ordinarily relevant in determining whether a sentence should be imposed outside the applicable guideline range.” (U.S.S.G. § 5H1.6) …

Ramirez v. Butte-Silver Bow County, No. 99-36138 (9th Cir.) (293 F.3d 985) (March 13, 2002) (Judge Alex Kozinski)

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

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

Ramirez v. Butte-Silver Bow County, No. 99-36138 (9th Cir.) (293 F.3d 985) (March 13, 2002) (Judge Alex Kozinski) by In this case the Court addressed the “particularity” requirement of the Fourth Amendment’s warrant clause, which provides that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, …

U.S. v. Morris, No. 01-4241 (7th Cir.) (293 F.3d 1010) (June 17, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists

U.S. v. Morris, No. 01-4241 (7th Cir.) (293 F.3d 1010) (June 17, 2002) (Judge Ilana Diamond Rovner) by In this case the Court held that where prior firearms offenses were committed close in time and location, but involved distinct criminal aggressions from which defendant had an opportunity to cease and …

U.S. v. Mora, No. 01-8020 (10th Cir.) (293 F.3d 1213) (June 18, 2002) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists

U.S. v. Mora, No. 01-8020 (10th Cir.) (293 F.3d 1213) (June 18, 2002) (Judge Deanell R. Tacha) by

U.S. v. Huggins, No. 01-30065 (9th Cir.) (299 F.3d 1039) (August 6, 2002) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Huggins, No. 01-30065 (9th Cir.) (299 F.3d 1039) (August 6, 2002) (Judge Diarmuid F. O'Scannlain) by Here the Court held that the Fourth Amendment does not compel the suppression of a series of searches set in motion by an application to scan a private residence and its outbuildings …

U.S. v. Root, No. 01-14945 (11th Cir.) (296 F.3d 1222) (July 10, 2002) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Unduly Influencing a Minor

U.S. v. Root, No. 01-14945 (11th Cir.) (296 F.3d 1222) (July 10, 2002) (Judge Frank May Hull) by The United States District Court for the Northern District of Georgia entered defendant's conviction of one count of attempting to persuade a minor to engage in criminal sexual activity, in violation of …

Berman v. U.S., No. Civ. No. 3:96-1708 (M.D.Pa.) (205 F.Supp.2d 362) (February 28, 2002) (Judge William J. Nealon)

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

Filed under: Punch And Jurists, Medical Treatment/Expenses

Berman v. U.S., No. Civ. No. 3:96-1708 (M.D.Pa.) (205 F.Supp.2d 362) (February 28, 2002) (Judge William J. Nealon) by Following a bench trial, the Court approved an award of $150,000 in damages to the plaintiff/inmate in this Federal Tort Claims Act lawsuit due to the BOP's medical malpractice in failing …

U.S. v. Valensia, No. 99-10170 (9th Cir.) (299 F.3d 1068) (August 8, 2002) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Valensia, No. 99-10170 (9th Cir.) (299 F.3d 1068) (August 8, 2002) (Judge Arthur L. Alarcon) by Here, on remand from the Supreme Court in light of Apprendi v. New Jersey, the Ninth Circuit affirmed the sentence that the Supreme Court had vacated, holding the errors based on government's …

Moskal v. U.S., No. 89-964 (U.S. Supreme Court) (498 U.S. 103; 111 S.Ct. 461) (December 3, 1990) (Justice Marshall)

Article • June 28, 2002

Filed under: Punch And Jurists, Rule of Lenity

Moskal v. U.S., No. 89-964 (U.S. Supreme Court) (498 U.S. 103; 111 S.Ct. 461) (December 3, 1990) (Justice Marshall) by The petitioner in this case appealed his conviction under 18 U.S.C. § 2314 for receiving washed titles with fraudulent odometer figures, knowing that they were "falsely made." The issue before …

Shaughnessey v. U.S. ex rel. Mezei, No. 139 (U.S. Supreme Court) (345 U.S. 206; 73 S.Ct. 625) (February 16, 2053) (Justice Clark)

Article • June 28, 2002

Filed under: Punch And Jurists, Detention - Generally

Shaughnessey v. U.S. ex rel. Mezei, No. 139 (U.S. Supreme Court) (345 U.S. 206; 73 S.Ct. 625) (February 16, 2053) (Justice Clark) by In this case, an alien resident of the United States traveled abroad and remained in Hungary for 19 months. On his return to this country, the Attorney …