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U.S. v. Barbosa, No. 00-1205 (3rd Cir.) (271 F.3d 438) (November 6, 2001) (Judge Julio M. Fuentes)

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

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Barbosa, No. 00-1205 (3rd Cir.) (271 F.3d 438) (November 6, 2001) (Judge Julio M. Fuentes) by This case involved the appeal of the defendant, Barbosa, who was convicted for possession with intent to distribute more than 50 grams of cocaine base and sentenced to 21 years in prison. …

White v. Williams, No. 99-CV-2240 (JAP) (D.N.J.) (179 F.Supp.2d 405) (January 9, 2002) (Judge Joel M. Pisano)

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

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

White v. Williams, No. 99-CV-2240 (JAP) (D.N.J.) (179 F.Supp.2d 405) (January 9, 2002) (Judge Joel M. Pisano) by In a significant victory for black motorists suing over alleged “racial profiling” by New Jersey state troopers, District Judge Pisano ruled that former New Jersey Attorney General Peter Veniero - who now …

U.S. v. Davis, No. 00-3050 (D.C. Cir.) (270 F.3d 977) (November 5, 2001) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Davis, No. 00-3050 (D.C. Cir.) (270 F.3d 977) (November 5, 2001) (Judge A. Raymond Randolph) by The police stopped Mark Davis at a roadblock in 1999, arrested him for traffic offenses, searched him and his automobile, and recovered evidence of his drug dealing, for which the grand jury …

U.S. v. Burgos, No. 00-13779 (11th Cir.) (276 F.3d 1284) (December 21, 2001) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Burgos, No. 00-13779 (11th Cir.) (276 F.3d 1284) (December 21, 2001) (Judge Gerald B. Tjoflat) by Here the Court held that the Guidelines do not authorize a sentencing court to penalize a defendant for refusing to cooperate with the Government in a criminal investigation unrelated to the offense …

Pacheco-Camacho v. Hood, No. 01-35040 (9th Cir.) (272 F.3d 1266) (November 30, 2001) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Calculation of 54 Days

Pacheco-Camacho v. Hood, No. 01-35040 (9th Cir.) (272 F.3d 1266) (November 30, 2001) (Judge Alex Kozinski) by Petitioner federal prisoner appealed the judgment of the United States District Court for the District of Oregon that he was entitled to a total of 47, rather than 54, good time credits under …

U.S. v. Duvall, No. 00-3977 (7th Cir.) (272 F.3d 825) (November 14, 2001) (Judge Ann Claire Williams)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Duvall, No. 00-3977 (7th Cir.) (272 F.3d 825) (November 14, 2001) (Judge Ann Claire Williams) by Here the Court affirmed its prior rulings that Apprendi does not require that a defendant's prior felony drug convictions alleged in the Government's information be submitted to the jury or found beyond …

U.S. v. Guevara, No. 00-1133 (2nd Cir.) (277 F.3d 111) (December 18, 2001) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Guevara, No. 00-1133 (2nd Cir.) (277 F.3d 111) (December 18, 2001) (Judge Dennis G. Jacobs) by A mere six days after the Second Circuit released its long-awaited, but disappointingly timorous, en banc decision in U.S. v. Thomas, No. 98-1051 (2nd Cir. 12/12/2001) (see P&J, 11/26/01), a panel of …

U.S. v. Adams, No. 00-3411 (10th Cir.) (271 F.3d 1236) (November 27, 2001) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Offer of Proof

U.S. v. Adams, No. 00-3411 (10th Cir.) (271 F.3d 1236) (November 27, 2001) (Judge Paul J. Jr. Kelly) by This case is noted for its extended discussion of the purpose, different types and adequacy of offers of proof under Fed.R.Evid. 103(a)(2). In reviewing the standards that apply to an offer …

U.S. v. Pereira, No. 01-1303 (1st Cir.) (272 F.3d 76) (December 3, 2001) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Pereira, No. 01-1303 (1st Cir.) (272 F.3d 76) (December 3, 2001) (Judge Juan R. Torruella) by In a significant decision, the First Circuit adopted a new per se rule in this case for determining when a downward departure at sentencing is permissible based on exceptional family circumstances pursuant …

Nelson v. Heiss, No. 00-55523 (9th Cir.) (271 F.3d 891) (November 21, 2001) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Liens, Garnishments, Etc.

Nelson v. Heiss, No. 00-55523 (9th Cir.) (271 F.3d 891) (November 21, 2001) (Judge Ferdinand F. Fernandez) by Tarza Nelson brought this 42 U.S.C. § 1983 action against officials of the California Department of Corrections, after holds were placed upon his inmate trust account. His principal contention was that 38 …

U.S. v. Godwin, No. 00-4094 (4th Cir.) (272 F.3d 659) (November 27, 2001) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Godwin, No. 00-4094 (4th Cir.) (272 F.3d 659) (November 27, 2001) (Judge Robert Bruce King) by This case is noted for its extensive discussion of an important question: when does a trial judge’s extensive involvement in the questioning of witnesses cross the boundaries of propriety and deprive a …

U.S. v. Nelson, No. 98-1231 (2nd Cir.) (277 F.3d 164) (January 7, 2002) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

U.S. v. Nelson, No. 98-1231 (2nd Cir.) (277 F.3d 164) (January 7, 2002) (Judge Guido Calabresi) by In this high-profile case, a divided panel from the Second Circuit ordered a new trial for two black men who had been convicted in Federal court of civil rights violations in the fatal …

Patel v. Zemski, No. 01-2398 (3rd Cir.) (275 F.3d 299) (December 19, 2001) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Patel v. Zemski, No. 01-2398 (3rd Cir.) (275 F.3d 299) (December 19, 2001) (Judge Dolores K. Sloviter) by Here the Court held that due process requires that an alien, who is jailed at the beginning of deportation proceedings that stem from an “aggravated felony” conviction, must be granted a bail …

Kim v. Ziglar, No. 99-17373 (9th Cir.) (276 F.3d 523) (January 9, 2002) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Detention - Generally

Kim v. Ziglar, No. 99-17373 (9th Cir.) (276 F.3d 523) (January 9, 2002) (Judge William A. Fletcher) by Here, joining a recent decision from the Third Circuit, the Court held that a key provision of the immigration laws, 8 U.S.C. § 1226(c), which denies bail to aliens awaiting deportation is …

U.S. v. LaCarubba, No. 01-CR-10033 (D.Mass.) (184 F.Supp.2d 89) (January 4, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. LaCarubba, No. 01-CR-10033 (D.Mass.) (184 F.Supp.2d 89) (January 4, 2002) (Judge Nancy Gertner) by In the 12/24/01 issue of P&J, we noted that the First Circuit had adopted a new per se rule for awarding downward departures based on extraordinary family circumstances (pursuant to U.S.S.G. § 5H1.6): the …

U.S. v. Kosmel, No. 00-4294 (7th Cir.) (272 F.3d 501) (November 29, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Kosmel, No. 00-4294 (7th Cir.) (272 F.3d 501) (November 29, 2001) (Judge Joel L. Flaum) by Here the 7th Circuit concluded that even though the Sentencing Commission had subsequently proposed an amendment to tie money laundering more closely to the underlying offense, it declined to give any weight …

U.S. v. DeSumma, No. 00-3629 (3rd Cir.) (272 F.3d 176) (November 29, 2001) (Judge Joseph F. Jr. Weis)

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

Filed under: Punch And Jurists, Fruit of the Poisonous Tree

U.S. v. DeSumma, No. 00-3629 (3rd Cir.) (272 F.3d 176) (November 29, 2001) (Judge Joseph F. Jr. Weis) by The defendant in this case was convicted of a number of crimes, including unlawful possession of a firearm. On appeal, he argued that the district court had erred by failing to …

Griffith v. Kentucky, No. 85-5221 (U.S. Supreme Court) (479 U.S. 314; 107 S.Ct. 708) (January 13, 1987) (Justice Blackmun)

Article • November 28, 2001

Filed under: Punch And Jurists

Griffith v. Kentucky, No. 85-5221 (U.S. Supreme Court) (479 U.S. 314; 107 S.Ct. 708) (January 13, 1987) (Justice Blackmun) by In Batson v. Kentucky, 479 U.S. 79 (1986), the Supreme Court ruled ruled that a defendant in a state criminal trial could establish a prima facie case of racial discrimination …

Riggs v. California, No. 98-5021 (U.S. Supreme Court) (525 U.S. 1114; 119 S.Ct. 890) (January 19, 1999) (Per Curiam)

Article • November 28, 2001

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Riggs v. California, No. 98-5021 (U.S. Supreme Court) (525 U.S. 1114; 119 S.Ct. 890) (January 19, 1999) (Per Curiam) by In this order denying certiorari, the Supreme Court decided not to hear an appeal from a repeat offender who was sentenced to 25 years to life in prison for stealing …

J.E.B. v. Alabama, No. 92-1239 (U.S. Supreme Court) (511 U.S. 127; 114 S.Ct. 1419) (April 19, 1994) (Justice Blackmun)

Article • November 26, 2001

Filed under: Punch And Jurists, Batson Claims

J.E.B. v. Alabama, No. 92-1239 (U.S. Supreme Court) (511 U.S. 127; 114 S.Ct. 1419) (April 19, 1994) (Justice Blackmun) by In this case the Court considered whether the Equal Protection Clause forbids the intentional use of peremptory challenges based on gender, just as it prohibits discrimination on the basis of …