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Article • December 20, 2001 • from P&J May, 2000
Fischer v. U.S., No. 99-116 (U.S. Supreme Court) (529 U.S. 667; 120 S.Ct. 1780) (May 15, 2000) (Justice Kennedy) by In this decision a divided Supreme Court adopted another expansive view of the scope of 18 U.S.C. § 666, the statute that makes it a Federal crime to engage in …
Article • December 14, 2001
Powers v. Ohio, No. 89-5011 (U.S. Supreme Court) (499 U.S. 400; 111 S.Ct. 1364) (April 1, 1991) (Justice Kennedy) by In this case the Supreme Court held that a defendant of any race can raise an equal protection challenge to the prosecution's discriminatory use of peremptory challenges, thereby eliminating any …
Article • December 2, 2001
Williams v. New York, No. 671 (U.S. Supreme Court) (337 U.S. 241; 69 S.Ct. 1079) (June 6, 2049) (Justice Black) by In this case, a jury found the defendant guilty of first-degree murder and recommended life imprisonment. The judge, however, rejected the jury's recommendation and sentenced the defendant to death …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. McIntosh, No. 00-50966 (5th Cir.) (280 F.3d 479) (January 16, 2002) (Judge Rhesa Hawkins Barksdale) 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 …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Harrison, No. 99-4417 (4th Cir.) (272 F.3d 220) (November 16, 2001) (Judge Roger L. Gregory) by Here the defendants were convicted of armed bank robbery and of using or carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). At sentencing, the district …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Romo-Sanchez, No. 00-40112-04-DES (D.Kan.) (170 F.Supp.2d 1127) (April 23, 2001) (Judge Dale E. Saffels) by This case is noted as a rare example of a published decision dealing with the burdens of proof required to overcome the statutory presumption against bail release in drug cases where the defendant …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Dewire, No. 01-1257 (1st Cir.) (271 F.3d 333) (November 16, 2001) (Judge Richard G. Stearns) by There are numerous provisions in the Federal sentencing laws that define a fair and just sentence as one which reflects the seriousness of the offense, promotes respect for the law, and provides …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Scarfo, No. Crim. No. 00-404(NHP) (D.N.J.) (180 F.Supp.2d 572) (December 26, 2001) (Judge Nicholas H. Politan) by In a case of first impression, Judge Politan of the D.N.J. ruled that the FBI did not need a wiretap order to attach a keystroke-recording device to a reputed mobster’s computer …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Echavarria-Escobar, No. 00-10570 (9th Cir.) (270 F.3d 1265) (October 18, 2001) (Judge Kim McLane Wardlaw) by Here, in rejecting the defendant's argument that Apprendi v. New Jersey, 530 U.S. 466 (2000) requires a jury to determine the fact of a prior conviction as an essential element of an …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Buckland, No. 99-30285 (9th Cir.) (277 F.3d 1173) (January 18, 2002) (Judge Stephen S. Trott) by Here a divided en banc court from the Ninth Circuit reversed a prior panel’s controversial decision and held that Apprendi did not render the provisions of the Government’s principal drug enforcement statute, …
Article • December 1, 2001 • from P&J December, 2001
Gibson v. U.S., No. 99-6382 (6th Cir.) (271 F.3d 247) (November 6, 2001) (Judge Algenon L. Marbley) by The petitioner/defendant in this case was convicted of manufacturing and possessing marijuana with intent to distribute; and the district court imposed a mandatory minimum sentence of 10 years based on its determination …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. John Doe # 1, No. 00-1224 (2nd Cir.) (272 F.3d 116) (November 8, 2001) (Judge Fred I. Parker) by This is an interesting case that will have a double impact: on the one hand, it will make it more difficult for counsel to withdraw from a case even …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Campbell, No. 01-1485 (8th Cir.) (270 F.3d 702) (October 29, 2001) (Judge Donald P. Lay) by Here the Court held that Apprendi did not require an indictment for being a felon in possession of a gun to allege the nature of the defendant's prior felony offenses or require …
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists
Braun v. Powell, No. 00-1096 (7th Cir.) (227 F.3d 908) (September 18, 2000) (Judge Kenneth F. Ripple) by Appellant sought review of the decision from the United States District Court for the Eastern District of Wisconsin granting appellee's petition for habeas corpus relief. Appellee was convicted of murder but while …
Article • December 1, 2001 • from P&J December, 2001
Shain v. Ellison, No. 00-7061 (2nd Cir.) (273 F.3d 56) (October 19, 2001) (Judge Rosemary S. Pooler) by Here a divided panel held that strip searches of detainees being held on misdemeanor charges must still be based on a "reasonable suspicion" that the person being searched has a weapon or …
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists
Gonzalez v. U.S., No. Civ. No. 00-11054-WGY (D.Mass.) (135 F.Supp.2d 112) (March 27, 2001) (Judge William G. Young) by Both petitioners brought their habeas petitions pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct their sentences. Petitioner one moved for reconsideration and petitioner two also sought a …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Abbell, No. 99-12058 (11th Cir.) (271 F.3d 1286) (November 7, 2001) (Per Curiam) by Here the Court held that the district court's dismissal of a juror, over the objections of the defendants, based on claims by the majority of the jurors that the dismissed juror was not applying …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Taylor, No. 00-30936 (5th Cir.) (277 F.3d 721) (December 21, 2001) (Judge Harold R. Jr. DeMoss) by This is a rare case in which the Court vacated a sentence on the grounds that the Government had failed to prove that statements made in the presentence report (PSR), and …
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists
U.S. v. McElhiney, No. 00-3056 (10th Cir.) (275 F.3d 928) (December 28, 2001) (Judge Robert H. Henry) by The defendant in this case was indicted for his alleged involvement in a prison drug smuggling operation at the Leavenworth penitentiary. His first trial resulted in a hung jury (ten to two …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Ford, No. 99-15208 (11th Cir.) (270 F.3d 1346) (October 25, 2001) (Per Curiam) by Here, on remand from the Suoreme Court, the 11th Circuit affirmed the sentence that the Supreme Court had vacated and held that (a) Apprendi claims are not jurisdictional, and (b) 21 USC § 841(b)(1)(A) …
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