Search | Punch and Jurists

U.S. v. Morgan, No. 01-CR-45-B-S (D.Me.) (2002 U.S. Dist. LEXIS 8909) (May 10, 2002) (Judge George Z. Singal)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Morgan, No. 01-CR-45-B-S (D.Me.) (2002 U.S. Dist. LEXIS 8909) (May 10, 2002) (Judge George Z. Singal) by Here, based on the Supreme Court's decision in Ashcroft v. Free Speech, 122 S.Ct. 1389 (2002), the Court permitted a defendant who had pled guilty to child pornography crimes to withdraw …

U.S. v. Weiland, No. 01-1655 (8th Cir.) (284 F.3d 878) (March 25, 2002) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Weiland, No. 01-1655 (8th Cir.) (284 F.3d 878) (March 25, 2002) (Judge Diana E. Murphy) by The district court did not err in counting a prior conviction for marijuana possession as relevant conduct rather than as a separate offense for criminal history purposes, as the prior was not …

U.S. v. Dixon, No. CRIM. A. 2:99-00050 (S.D.W.Va.) (187 F.Supp.2d 601) (February 20, 2002) (Judge Charles H. II Haden)

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

Filed under: Punch And Jurists, Discovery - Generally

U.S. v. Dixon, No. CRIM. A. 2:99-00050 (S.D.W.Va.) (187 F.Supp.2d 601) (February 20, 2002) (Judge Charles H. II Haden) by Here the Court held that defendants on supervision who are facing revocation proceedings have a right, under Fed.R.Crim.P. 32.1(a)(2), to advance disclosure of evidence against them and to the production …

U.S. v. Smith, No. 00-3860 (8th Cir.) (282 F.3d 1045) (March 15, 2002) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Undischarged Terms of Imprisonment

U.S. v. Smith, No. 00-3860 (8th Cir.) (282 F.3d 1045) (March 15, 2002) (Judge James B. Loken) by This decision contains an exhaustive analysis of the proper interpretation of one of those absurdly technical, difficult to interpret provisions of the Guidelines that rarely comes into play; and thus is generally …

U.S. v. Lynch, No. 00-30247 (9th Cir.) (282 F.3d 1049) (March 12, 2002) (Judge J. Clifford Wallace)

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

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

U.S. v. Lynch, No. 00-30247 (9th Cir.) (282 F.3d 1049) (March 12, 2002) (Judge J. Clifford Wallace) by Here the Court vacated a robbery conviction under the Hobbs Act and remanded back to the district court for further determinations as to whether the defendant's actions had some cumulative effect on …

U.S. v. Fitch, No. 00-6223 (6th Cir.) (282 F.3d 364) (March 8, 2002) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Fitch, No. 00-6223 (6th Cir.) (282 F.3d 364) (March 8, 2002) (Judge Nathaniel R. Jones) by In this case the Court found that the Government had breached an essential provision of the defendant’s plea agreement by recommending a sentence enhancement for a leadership role in the offense where …

U.S. v. Williams, No. 00-10629 (9th Cir.) (282 F.3d 679) (March 4, 2002) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists, Federal-State Differences/Disparity/Conflicts

U.S. v. Williams, No. 00-10629 (9th Cir.) (282 F.3d 679) (March 4, 2002) (Judge Jr. William C. Canby) by

U.S. v. Yu, No. 01-1222 (2nd Cir.) (285 F.3d 192) (March 25, 2002) (Judge Dennis G. Jacobs)

Article • April 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Yu, No. 01-1222 (2nd Cir.) (285 F.3d 192) (March 25, 2002) (Judge Dennis G. Jacobs) by Here the Court vacated a sentence after holding it was error, under Apprendi, for the district court to permit defendant to plead guilty to quantity-specific drug charges while refusing to allocute to …

U.S. v. Thomas, No. 99-3459 (7th Cir.) (284 F.3d 746) (March 25, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Buyer-Seller Relationship/Instruction

U.S. v. Thomas, No. 99-3459 (7th Cir.) (284 F.3d 746) (March 25, 2002) (Judge Ilana Diamond Rovner) by This case falls in the Ripley’s Believe-It-Or-Not category. Twice, Darrell Thomas has been tried in Federal court on drug conspiracy charges; and, on both occasions, he was convicted of conspiring with one …

Hoang v. Comfort, No. 01-1136 (10th Cir.) (282 F.3d 1247) (March 5, 2002) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Constitutional Challenges

Hoang v. Comfort, No. 01-1136 (10th Cir.) (282 F.3d 1247) (March 5, 2002) (Judge Mary Beck Briscoe) by Here the Court held that section 236(c) of the Immigration and Nationality Act (18 U.S.C. § 1226(c)), which required the mandatory detention of criminal aliens pending administrative removal proceedings, is unconstitutional as …

U.S. v. Sell, No. 01-1862 (8th Cir.) (282 F.3d 560) (March 7, 2002) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Sell, No. 01-1862 (8th Cir.) (282 F.3d 560) (March 7, 2002) (Judge Gerald W. Heaney) by Here, a divided panel held, as a matter of first impression, that the Government could, subject to certain limitations, forcibly administer antipsychotic drugs to a pretrial detainee for the purpose of rendering …

U.S. v. Bogdan, No. 01-1889 (1st Cir.) (284 F.3d 324) (April 2, 2002) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Bogdan, No. 01-1889 (1st Cir.) (284 F.3d 324) (April 2, 2002) (Judge Juan R. Torruella) by In this case the First Circuit held that the district court had abused its discretion when it granted a downward departure in sentencing the defendant by relying on a combination of factors, …

U.S. v. Jackson-Randolph, No. 00-1073 (6th Cir.) (282 F.3d 369) (February 22, 2002) (Judge Gordon J. Quist)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Jackson-Randolph, No. 00-1073 (6th Cir.) (282 F.3d 369) (February 22, 2002) (Judge Gordon J. Quist) by At issue in this case was a 2-level ehnancement for obstruction of justice imposed on the defendant for attempting to thwart a forfeiture order by transferring certain properties out of her name. …

U.S. v. Thompson, No. Crim. No. 98-10332-NG (D.Mass.) (190 F.Supp.2d 138) (February 14, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Thompson, No. Crim. No. 98-10332-NG (D.Mass.) (190 F.Supp.2d 138) (February 14, 2002) (Judge Nancy Gertner) by

U.S. v. Akintomide, No. CRIM.97-263(RMU) (D.D.C.) (185 F.Supp.2d 1) (April 17, 2001) (Judge Ricardo M. Urbina)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Akintomide, No. CRIM.97-263(RMU) (D.D.C.) (185 F.Supp.2d 1) (April 17, 2001) (Judge Ricardo M. Urbina) by Here the Court vacated a sentence after concluding that defense counsel's failure to move for a mitigating role sentence reduction under USSG § 3B1.2 constituted a "drastic misstep" that fell below the required …

U.S. v. Reddy, No. S3 01 Cr. 00058 (LTS) (S.D.N.Y.) (190 F.Supp.2d 558) (January 7, 2002) (Judge Laura Taylor Swain)

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

Filed under: Punch And Jurists

U.S. v. Reddy, No. S3 01 Cr. 00058 (LTS) (S.D.N.Y.) (190 F.Supp.2d 558) (January 7, 2002) (Judge Laura Taylor Swain) by In this case the district court ordered the Government to give notice of its intent to introduce evidence of other crimes and bad acts under Rule 404(b) at least …

U.S. v. Riggs, No. 00-2460 (1st Cir.) (287 F.3d 221) (April 24, 2002) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Riggs, No. 00-2460 (1st Cir.) (287 F.3d 221) (April 24, 2002) (Judge Juan R. Torruella) by Here the Court vacated a sentence after finding that the Government fell "woefully short" of satisfying the "meticulous standards" expected by ignoring its agreement to recomment 5-to-50 grams of crack and recommending …

U.S. v. Cotton, No. 01-687 (U.S. Supreme Court) (535 U.S. 625; 122 S.Ct. 1781) (May 20, 2002) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Cotton, No. 01-687 (U.S. Supreme Court) (535 U.S. 625; 122 S.Ct. 1781) (May 20, 2002) (Justice Rehnquist) by Here the Court unanimously held drug sentences enhanced by judges with drug quantities not stated in the indictment may not be vacated where the defendant failed to raise any objections …

U.S. v. McBride, No. 01-1616 (3rd Cir.) (283 F.3d 612) (March 13, 2002) (Judge Maryanne Trump Barry)

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

Filed under: Punch And Jurists

U.S. v. McBride, No. 01-1616 (3rd Cir.) (283 F.3d 612) (March 13, 2002) (Judge Maryanne Trump Barry) by

Ashcroft v. A.C.L.U., No. 00-1293 (U.S. Supreme Court) (535 U.S. 564; 122 S.Ct. 1700) (May 13, 2002) (Justice Thomas)

Article • April 1, 2002 • from P&J June, 2004

Filed under: Punch And Jurists

Ashcroft v. A.C.L.U., No. 00-1293 (U.S. Supreme Court) (535 U.S. 564; 122 S.Ct. 1700) (May 13, 2002) (Justice Thomas) by Here a plurality of the Court held that the Child Online Protection Act's use of "contemporary community standards" to define material that should be prohibited was not per se overly …