Search | Punch and Jurists

U.S. v. Rodgers, No. 01-CR-37 (E.D.Wisc.) (186 F.Supp.2d 971) (February 8, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Confessions - Coerced

U.S. v. Rodgers, No. 01-CR-37 (E.D.Wisc.) (186 F.Supp.2d 971) (February 8, 2002) (Judge Lynn S. Adelman) by United States v. Orso, 275 F.3d 1190 (9th Cir. 2001) (En Banc) (Per Curiam) United States v. Rodgers, 186 F.Supp.2d 971 (E.D.Wisc. Feb. 2, 2002) (Judge Adelman) Both of these cases dealt with …

U.S. v. Barnes, No. 00-5567 (6th Cir.) (278 F.3d 644) (January 30, 2002) (Judge Eric L. Clay)

Article • February 1, 2002 • from P&J January, 2002

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

U.S. v. Barnes, No. 00-5567 (6th Cir.) (278 F.3d 644) (January 30, 2002) (Judge Eric L. Clay) by This is a rare case in which the Court found that even if sentencing court implied that it would not have accepted the Government's recommendation that was promised in a plea agreement, …

U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (188 F.Supp.2d 549) (March 13, 2002) (Judge Louis H. Pollak)

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

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (188 F.Supp.2d 549) (March 13, 2002) (Judge Louis H. Pollak) by This decision represents a dramatic judicial retreat from a highly publicized decision that was published just two months ago. On January 7, 2002, in a decision previously reported at 179 F.Supp.2d …

U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch) by Among the many issues raised in this RICO and VICAR prosecution of two alleged members of La Cosa Nostra, were two claims based on Apprendi v. New Jersey, which the Court summarized …

Daniel v. Cockrell, No. 00-20624 (5th Cir.) (283 F.3d 697) (February 25, 2002) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Withdrawal

Daniel v. Cockrell, No. 00-20624 (5th Cir.) (283 F.3d 697) (February 25, 2002) (Judge Will L. Garwood) by This is an interesting case in which the Fifth Circuit tried to tip-toe past one of those incendiary topics that the Courts would very much prefer to pretend does not exist: namely …

Johnson v. Elk Lake School District, No. 00-1549 (3rd Cir.) (283 F.3d 138) (March 1, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

Johnson v. Elk Lake School District, No. 00-1549 (3rd Cir.) (283 F.3d 138) (March 1, 2002) (Judge Edward R. Becker) by Although this was a civil case, it is significant because it provides detailed guidance on how to determine the admissibility of past sex crimes evidence under Rules 413-415 of …

U.S. v. Sanchez-Cervantes, No. 98-35897 (9th Cir.) (282 F.3d 664) (March 1, 2002) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists

U.S. v. Sanchez-Cervantes, No. 98-35897 (9th Cir.) (282 F.3d 664) (March 1, 2002) (Judge Thomas G. Nelson) by Here the Ninth Circuit joined with the 4th, 8th and 11th Circuits in holding that the new rule of criminal procedure announced in Apprendi does not apply retroactively on initial collateral review, …

U.S. v. Sabbeth, No. 00-1586 (2nd Cir.) (277 F.3d 94) (January 11, 2002) (Judge Jose A. Cabranes)

Article • February 1, 2002 • from P&J December, 2001

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Sabbeth, No. 00-1586 (2nd Cir.) (277 F.3d 94) (January 11, 2002) (Judge Jose A. Cabranes) by United States v. Sabbeth, 277 F.3d 94 (2nd Cir. 2002) (Judge Cabranes) United States v. McIntosh, 280 F.3d 479 (5th Cir. 2002) (Judge Barksdale) In both of these cases, and for substantially …

U.S. v. Henry, No. 01-2486 (3rd Cir.) (282 F.3d 242) (March 4, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Henry, No. 01-2486 (3rd Cir.) (282 F.3d 242) (March 4, 2002) (Judge Edward R. Becker) by Here the Court held that where a defendant in a drug case entered a pre-Apprendi plea to a “generic crime of possession of a drug with intent to distribute,” he retained the …

Robinson v. Solano County, No. 99-15225 (9th Cir.) (278 F.3d 1007) (February 4, 2002) (Judge Mary M. Schroeder)

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

Filed under: Excessive Force, Punch And Jurists

Robinson v. Solano County, No. 99-15225 (9th Cir.) (278 F.3d 1007) (February 4, 2002) (Judge Mary M. Schroeder) by Here a divided en banc Court from the Ninth Circuit held that police officers used excessive force when they pointed cocked and loaded guns at an unarmed 64 year old man …

U.S. v. Martin, No. 00-10443 (9th Cir.) (278 F.3d 988) (January 29, 2002) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Recidivism

U.S. v. Martin, No. 00-10443 (9th Cir.) (278 F.3d 988) (January 29, 2002) (Judge Susan P. Graber) by Among the many issues covered in this lengthy decision was the defendant’s appeal from a two-level upward departure in his offense level, pursuant to the provisions of U.S.S.G. § 4A1.3. That vertical …

U.S. v. Penn, No. 00-6314 (6th Cir.) (282 F.3d 879) (March 13, 2002) (Judge Karen Nelson Moore)

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

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

U.S. v. Penn, No. 00-6314 (6th Cir.) (282 F.3d 879) (March 13, 2002) (Judge Karen Nelson Moore) by Here the Court held that no reduction in a defendant's criminal history points is permitted under USSG § 4A1.3 - thus precluding any “safety-valve” sentence reduction for any defendants who have more …

U.S. v. Smith, No. 00-6308 (6th Cir.) (278 F.3d 605) (January 26, 2002) (Judge Algenon L. Marbley)

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

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

U.S. v. Smith, No. 00-6308 (6th Cir.) (278 F.3d 605) (January 26, 2002) (Judge Algenon L. Marbley) by United States v. Smith, 278 F.3d 605 (6th Cir. 2002) (Judge Marbley) United States v. Penn, No. 00-6314 (6th Cir. 3/13/2002) (Judge Moore) Both of these cases deal with the application of …

U.S. v. Childs, No. 00-3111 (7th Cir.) (277 F.3d 947) (January 18, 2002) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Childs, No. 00-3111 (7th Cir.) (277 F.3d 947) (January 18, 2002) (Judge Frank H. Easterbrook) by Here a divided court held that questioning during the course of lawful custody need not be related to the reason for that custody so long as the questions do not otherwise make …

U.S. v. Singleton, No. 00-0105(PLF) (D.D.C.) (177 F.Supp.2d 31) (December 4, 2001) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists

U.S. v. Singleton, No. 00-0105(PLF) (D.D.C.) (177 F.Supp.2d 31) (December 4, 2001) (Judge Paul L. Friedman) by

U.S. v. Jones, No. 01-1117 (7th Cir.) (278 F.3d 711) (January 28, 2002) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Contempt

U.S. v. Jones, No. 01-1117 (7th Cir.) (278 F.3d 711) (January 28, 2002) (Judge Michael S. Kanne) by

U.S. v. Deville, No. 00-30900 (5th Cir.) (278 F.3d 500) (January 7, 2002) (Judge Martin Leach-Cross Feldman)

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

Filed under: Punch And Jurists

U.S. v. Deville, No. 00-30900 (5th Cir.) (278 F.3d 500) (January 7, 2002) (Judge Martin Leach-Cross Feldman) by

U.S. v. Lincoln, No. 01-30027 (9th Cir.) (277 F.3d 1112) (January 16, 2002) (Judge John M. Roll)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Lincoln, No. 01-30027 (9th Cir.) (277 F.3d 1112) (January 16, 2002) (Judge John M. Roll) by Here the Court held that, even though the Mandatory Victim Restitution Act (18 USC § 3663A) defines a "victim" as a "person," the legislative history and case law show that the Post …

U.S. v. Marolf, No. 00-55730 (9th Cir.) (277 F.3d 1156) (January 17, 2002) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marolf, No. 00-55730 (9th Cir.) (277 F.3d 1156) (January 17, 2002) (Judge Raymond C. Fisher) by In this case, after the five year statute of limitations for the Government to commence judicial forfeiture proceedings had expied (see 19 U.S.C. § 1621), the claimant, Gary Marolf, filed a motion …

U.S. v. Mills, No. 98-CR-166 (E.D.Wisc.) (186 F.Supp.2d 965) (January 31, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Mills, No. 98-CR-166 (E.D.Wisc.) (186 F.Supp.2d 965) (January 31, 2002) (Judge Lynn S. Adelman) by Here, Judge Adelman took issue with the Ninth Circuit and, in a text book example of statutory construction, held that halfway-house detention cannot lawfully be imposed as a condition of supervised release under …