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Article • December 1, 2001 • from P&J December, 2001
U.S. v. Taylor, No. 00-2230 (7th Cir.) (272 F.3d 980) (December 3, 2001) (Judge Terrence T. Evans) by
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Gracia, No. 00-2946 (7th Cir.) (272 F.3d 866) (November 19, 2001) (Judge Harlington Jr. Wood) by The defendant in this case was one of a number of inmate incarcerated at the Federal penitentiary in Greenville, Illinois who were convicted of a number of bank fraud, wire fraud and …
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists
U.S. v. Christopher, No. 98-6504 (3rd Cir.) (273 F.3d 294) (November 20, 2001) (Judge Joseph F. Jr. Weis) by
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Atwater, No. 01-1353 (7th Cir.) (272 F.3d 511) (November 29, 2001) (Judge Richard A. Posner) by Here the Court reversed a 5-level enhancement for use of a gun during a bank robbery because it wasn't based on evidence but on the district court's “greatly exaggerated view” that bank …
Article • December 1, 2001 • from P&J December, 2001
Kelly v. South Carolina, No. 00-9280 (U.S. Supreme Court) (534 U.S. 246; 122 S.Ct. 726) (January 9, 2002) (Justice Souter) by By a 5 to 4 vote, the Supreme Court overturned a death sentence imposed on the petitioner, William Kelly, because the trial court had violated his rights to due …
Article • December 1, 2001 • from P&J October, 2001
U.S. v. Danser, No. 99-4251 (7th Cir.) (270 F.3d 451) (October 25, 2001) (Judge Joel L. Flaum) by Here the court vacated as improper the imposition of three consecutive, three year terms of supervised release imposed on three different counts of conviction on the grounds that the law does nor …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. De Leon, No. 00-2372 (1st Cir.) (270 F.3d 90) (November 2, 2001) (Judge Michael Boudin) by Here the Court held that 8 USC § 1326 which criminalizes attempts to reenter the U.S. after a previous deportation applied to an alien on board a vessel in international waters, outside …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Bailey, No. 01-1058 (1st Cir.) (270 F.3d 83) (November 2, 2001) (Judge Robert G. Doumar) by In this case, the defendant was sentenced to 262 months in prison based on the district court's determination that he was responsible for more than the 50 kilograms of marijuana that would …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. DeLuca, No. 00-1442 (10th Cir.) (269 F.3d 1128) (October 25, 2001) (Judge Paul J. Jr. Kelly) by Here over the dissent of Judge Seymour, the Court reversed a suppression order that had been granted on the grounds that no factual nexus existed between the defendant's unlawful detention and …
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists, Habit
U.S. v. Angwin, No. 00-50276 (9th Cir.) (271 F.3d 786) (November 21, 2001) (Judge Charles R. Breyer) by The defendant in this case argued on appeal, inter alia, that the district court had erred by excluding testimony regarding his training and experience in the Coast Guard Auxiliary as habit evidence …
Article • December 1, 2001 • from P&J December, 2001
Doan v. Watson, No. NA 99-4-C-B/S (S.D.Ind.) (168 F.Supp.2d 832) (October 10, 2001) (Judge Sarah Evans Barker) by Here the Court held that the prison's policy of stripping inmates and requiring them to undergo delousing procedure was an unreasonable search that subjected prison officials to liability for damages for which …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Peterson, No. 00-CR-1260 (ADS) (E.D.N.Y.) (168 F.Supp.2d 51) (October 12, 2001) (Judge Arthur D. Spatt) by
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists
Herrera v. U.S., No. CV 01-1015(RR) (E.D.N.Y.) (169 F.Supp.2d 92) (July 25, 2001) (Judge Reena Raggi) by
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Collins, No. 00-3783 (7th Cir.) (272 F.3d 984) (December 3, 2001) (Judge Kenneth F. Ripple) by Here the Seventh Circuit affirmed its rule that Apprendi does not require drug quantity to be submitted to the jury where the defendant has stripulated to the drug quantity.
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists
U.S. v. King, No. 00-5271 (6th Cir.) (272 F.3d 366) (November 27, 2001) (Judge Allen E. Norris) by
Article • December 1, 2001 • from P&J December, 2001
Richman v. Sheahan, No. 00-2173 (7th Cir.) (270 F.3d 430) (October 16, 2001) (Judge Ann Claire Williams) by This is one of those barbaric, police brutality cases that makes your blood curdle. It is also a case that shows the arrogance of power and makes one wonder whether the ever-growing …
Article • December 1, 2001 • from P&J December, 2001
Martinez v. City of Oxnard, No. 00-546520 (9th Cir.) (270 F.3d 852) (October 30, 2001) (Judge Richard C. Tallman) by The issue before the Court in this case was whether a police officer who conducts a coercive, custodial interrogation of a suspect who is being treated for life-threatening, police-inflicted gunshot …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Arvizu, No. 00-1519 (U.S. Supreme Court) (534 U.S. 266; 122 S.Ct. 744) (January 15, 2002) (Justice Rehnquist) by This case concerned a Federal border agent’s stop of a minivan carrying two adults and three children on an unpaved road in a remote area of southern Arizona. The agent …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (179 F.Supp.2d 492) (January 7, 2002) (Judge Milton Pollack) by Here the Court held that the Government could not use expert testimony to establish a “match” between fingerprints taken at a crime scene and those of the defendant because such testimony was …
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists
Banks v. Horn, No. 99-9005 (3rd Cir.) (271 F.3d 527) (October 31, 2001) (Judge Marjorie O. Rendell) by In this case, the appellant, George R. Banks, was convicted of having committed 13 murders and he was sentenced to death in a Pensylvania state court. After exhausting his state remedies, he …
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