Search | Punch and Jurists

U.S. v. Perkins, No. P-00-CR-270 (W.D.Tex.) (177 F.Supp.2d 570) (December 18, 2001) (Judge W. Royal Furgeson)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Perkins, No. P-00-CR-270 (W.D.Tex.) (177 F.Supp.2d 570) (December 18, 2001) (Judge W. Royal Furgeson) by We can just imagine the pressure that was exerted on Judge Furgeson in this case. In September, 2001, he committed major heresy not only by ruling that U.S. Border Patrol agents have limited …

U.S. v. Orso, No. 99-50328 (9th Cir.) (275 F.3d 1190) (December 28, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Orso, No. 99-50328 (9th Cir.) (275 F.3d 1190) (December 28, 2001) (Per Curiam) by United States v. Orso, 275 F.3d 1190 (9th Cir. 2001) (En Banc) (Per Curiam) United States v. Rodgers, No. 01-CR-37 (E.D.Wisc. 02/08/2002) (Judge Adelman) Both of these cases dealt with some of the psychologically …

U.S. v. Jackson, No. 01-10396 (11th Cir.) (276 F.3d 1231) (December 21, 2001) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. Jackson, No. 01-10396 (11th Cir.) (276 F.3d 1231) (December 21, 2001) (Judge Phyllis A. Kravitch) by In this case he defendant was charged with resisting arrest following a traffic violation, and one of the specific charges was the possession of a weapon by a convicted felon. At sentencing, …

U.S. v. Brown, No. 01-1623 (7th Cir.) (276 F.3d 930) (January 10, 2002) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

U.S. v. Brown, No. 01-1623 (7th Cir.) (276 F.3d 930) (January 10, 2002) (Judge Richard A. Posner) by Here the Court held that a provision in the "three strikes law" which requires the defendant to prove by clear and convincing evidence that his offense did not qualify as a serious …

U.S. v. Hough, No. 00-3380 (6th Cir.) (276 F.3d 884) (January 16, 2002) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hough, No. 00-3380 (6th Cir.) (276 F.3d 884) (January 16, 2002) (Judge R. Guy Jr. Cole) by Here the Court affirmed its rule that Apprendi does not require the jury to determine the precise amount of drugs in every case unless the quantity alleged threatens a penalty that …

U.S. v. Agramonte, No. 00-3098 (D.C. Cir.) (276 F.3d 594) (December 28, 2001) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Agramonte, No. 00-3098 (D.C. Cir.) (276 F.3d 594) (December 28, 2001) (Judge A. Raymond Randolph) by Here the Court refused to extend the Supreme Court's ruling in Apprendi to cover situations in which the district court's findings trigger a mandatory minimum sentence. The defendant was convicted of various …

U.S. v. Oliveros, No. 00-13390 (11th Cir.) (275 F.3d 1299) (December 17, 2001) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists

U.S. v. Oliveros, No. 00-13390 (11th Cir.) (275 F.3d 1299) (December 17, 2001) (Judge Edward E. Carnes) by

U.S. v. 16328 South 43rd East Avenue, No. 00-5117 (10th Cir.) (275 F.3d 1281) (January 10, 2002) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists

U.S. v. 16328 South 43rd East Avenue, No. 00-5117 (10th Cir.) (275 F.3d 1281) (January 10, 2002) (Judge Deanell R. Tacha) by

U.S. v. Singleton, No. CRIM. 00-0105(PLF) (D.D.C.) (177 F.Supp.2d 12) (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. CRIM. 00-0105(PLF) (D.D.C.) (177 F.Supp.2d 12) (December 4, 2001) (Judge Paul L. Friedman) by

U.S. v. Bockius, No. CRIM.A.97-0250-01 (E.D.Pa.) (177 F.Supp.2d 353) (August 9, 2001) (Judge Herbert J. Hutton)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Bockius, No. CRIM.A.97-0250-01 (E.D.Pa.) (177 F.Supp.2d 353) (August 9, 2001) (Judge Herbert J. Hutton) by The defendant in this case had previously been granted a downward departure when the district court, relying in the Third Circuit's decision in U.S. v. Smith, 186 F.3d 290 (3rd Cir. 1999), concluded …

U.S. v. Syme, No. 00-5172 (3rd Cir.) (276 F.3d 131) (January 7, 2002) (Judge Edward R. Becker)

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

Filed under: Restitution, Punch And Jurists

U.S. v. Syme, No. 00-5172 (3rd Cir.) (276 F.3d 131) (January 7, 2002) (Judge Edward R. Becker) by

Porter v. Nussle, No. 00-853 (U.S. Supreme Court) (534 U.S. 516; 122 S.Ct. 983) (February 26, 2002) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Porter v. Nussle, No. 00-853 (U.S. Supreme Court) (534 U.S. 516; 122 S.Ct. 983) (February 26, 2002) (Justice Ginsburg) by Here the Court unanimously held that the exhaustion requirements of the Prison Litigation Reform Act are applicable to all inmate lawsuits regarding prison life, regardless of whether the suit involves …

U.S. v. Bookhardt, No. 00-3107 (D.C. Cir.) (277 F.3d 558) (January 29, 2002) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Bookhardt, No. 00-3107 (D.C. Cir.) (277 F.3d 558) (January 29, 2002) (Judge Merrick B. Garland) by United States v. Bookhardt, 277 F.3d 558 (D.C. Cir. 2002) (Judge Garland) United States v. Childs, 277 F.3d 947 (7th Cir. 2002) (En Banc) (Judge Easterbrook) The holdings in both of these …

U.S. v. Bookhardt, No. 00-3107 (D.C. Cir.) (277 F.3d 558) (January 29, 2002) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists

U.S. v. Bookhardt, No. 00-3107 (D.C. Cir.) (277 F.3d 558) (January 29, 2002) (Judge Merrick B. Garland) by In this case, the defendant filed a motion to dismiss the government's appeal on the ground that the government had failed to file, in a timely fashion, the certification required by § …

U.S. v. Akins, No. 99-30241 (9th Cir.) (276 F.3d 1141) (January 10, 2002) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Akins, No. 99-30241 (9th Cir.) (276 F.3d 1141) (January 10, 2002) (Judge Dorothy Wright Nelson) by Here, in a gun prosecution case under 18 U.S.C. § 922(g)(9), the Ninth Circuit rejected the Government’s attempt to argue that the standard for waiving counsel is different in misdemeanor cases than …

U.S. v. Van Horn, No. 00-2275 (1st Cir.) (277 F.3d 48) (January 14, 2002) (Judge Kermit A. Lipez)

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

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

U.S. v. Van Horn, No. 00-2275 (1st Cir.) (277 F.3d 48) (January 14, 2002) (Judge Kermit A. Lipez) by United States v. Van Horn, 277 F.3d 48 (1st Cir. 2002) (Judge Lipez) United States v. Kurkowski, No. 01-3071 (8th Cir. 03/05/02) (Judge Fagg) The continued use by the Government of …

U.S. v. Wheat, No. 00-3457 (8th Cir.) (278 F.3d 722) (December 28, 2001) (Judge Richard W. Goldberg)

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

Filed under: Punch And Jurists

U.S. v. Wheat, No. 00-3457 (8th Cir.) (278 F.3d 722) (December 28, 2001) (Judge Richard W. Goldberg) by

U.S. v. Nelson, No. Civ. No. 01-3264-KHV (D.Kan.) (177 F.Supp.2d 1181) (November 7, 2001) (Judge Kathryn H. Vratil)

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

Filed under: Punch And Jurists

U.S. v. Nelson, No. Civ. No. 01-3264-KHV (D.Kan.) (177 F.Supp.2d 1181) (November 7, 2001) (Judge Kathryn H. Vratil) by

Pryor v. U.S., No. 00-5303 (6th Cir.) (278 F.3d 612) (January 25, 2002) (Judge Eric L. Clay)

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

Filed under: Retroactivity, Punch And Jurists

Pryor v. U.S., No. 00-5303 (6th Cir.) (278 F.3d 612) (January 25, 2002) (Judge Eric L. Clay) by The specific issue addressed by the Court in this case was whether a habeas motion filed pursuant to 28 U.S.C. § 2255, to set aside a gun conviction under 18 U.S.C. § …

Garcia v. U.S., No. 00-15480 (11th Cir.) (278 F.3d 1210) (January 9, 2002) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists

Garcia v. U.S., No. 00-15480 (11th Cir.) (278 F.3d 1210) (January 9, 2002) (Judge Rosemary Barkett) by Here the Court rejected as untimely an appeal by a prisoner and held that the retroactive application of the Supreme Court's decision in Gray v. Maryland was not warranted under the principles established …