Search | Punch and Jurists

U.S. v. Lewko, No. 01-1231 (1st Cir.) (269 F.3d 64) (October 25, 2001) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Lewko, No. 01-1231 (1st Cir.) (269 F.3d 64) (October 25, 2001) (Judge Norman H. Stahl) by Here the Court rejected a Commerce Clause challenge to both the Child Support Recovery Act of 1992 (18 USC § 228(a)(1)) and the Deadbeat Parents Punishment Act of 1998 (18 USC § …

U.S. v. Hall, No. 00-3879 (8th Cir.) (269 F.3d 940) (October 19, 2001) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Hall, No. 00-3879 (8th Cir.) (269 F.3d 940) (October 19, 2001) (Judge James B. Loken) by Here the Court held that sovereign immunity protects the Government from claims for money damages under Rule 41(e) when it destroys, rather than returns to the claimant, property that that has been …

U.S. v. Hare, No. 00-3002 (7th Cir.) (269 F.3d 859) (October 22, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Hare, No. 00-3002 (7th Cir.) (269 F.3d 859) (October 22, 2001) (Judge Frank H. Easterbrook) by Although the Court quickly rejected the defendant's contention, this is the first case we have seen in which a defendant challenged a waiver of appeal provision in a plea agreement as void …

Singleton v. Norris, No. 00-1492 (8th Cir.) (267 F.3d 859) (October 12, 2001) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Singleton v. Norris, No. 00-1492 (8th Cir.) (267 F.3d 859) (October 12, 2001) (Judge Gerald W. Heaney) by The petitioner in this case, a black male, was convicted in an Arkansas state court in 1979 of the capital felony murder of a white female. After he was sentenced to death, …

U.S. v. Saccoccia, No. Crim No. 91-115-T (D.R.I.) (165 F.Supp.2d 103) (July 31, 2001) (Judge Ernest C. Torres)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Saccoccia, No. Crim No. 91-115-T (D.R.I.) (165 F.Supp.2d 103) (July 31, 2001) (Judge Ernest C. Torres) by Defendants were indicted and convicted of laundering moneys derived from drug trafficking, including a conspiracy charge under 18 U.S.C. § 1962(d) of the Racketeer Influenced and Corrupt Organizations Act. The United …

U.S. v. Carrillo, No. 00-2643 (7th Cir.) (269 F.3d 761) (October 18, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists

U.S. v. Carrillo, No. 00-2643 (7th Cir.) (269 F.3d 761) (October 18, 2001) (Judge Michael S. Kanne) by Here the Court held that a technical violation of Fed.R.Crim.P. 30, which requires that jury instructions be finalized before closing arguments, did not violate the defendant's substantial rights or affect the fairness …

U.S. v. Liss, No. 00-14134 (11th Cir.) (265 F.3d 1220) (September 21, 2001) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists

U.S. v. Liss, No. 00-14134 (11th Cir.) (265 F.3d 1220) (September 21, 2001) (Judge Joel F. Dubina) by

U.S. v. Ali, No. 00-10216 (9th Cir.) (266 F.3d 1242) (October 2, 2001) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Bank Fraud/Robbery/Theft

U.S. v. Ali, No. 00-10216 (9th Cir.) (266 F.3d 1242) (October 2, 2001) (Judge A. Wallace Tashima) by Here, giving a stern warning to prosecutors, the Court held that, while the evidence required to prove the federally-insured status of a a bank is minimal, the mere submission of a certificate …

U.S. v. Alvarez, No. 00-1285 (6th Cir.) (266 F.3d 587) (September 28, 2001) (Judge Joseph M. Hood)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Alvarez, No. 00-1285 (6th Cir.) (266 F.3d 587) (September 28, 2001) (Judge Joseph M. Hood) by Here the 6th Circuit rejected an Apprendi challenge to a life sentence based on the district court's finding of an intentional killing during a drug conspiracy under 21 USC § 848(e)(1)(A) stating …

Jarrett v. U.S., No. 00-3213 (8th Cir.) (266 F.3d 789) (October 2, 2001) (Judge John R. Gibson)

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

Filed under: Punch And Jurists

Jarrett v. U.S., No. 00-3213 (8th Cir.) (266 F.3d 789) (October 2, 2001) (Judge John R. Gibson) by In this case, the Court originally issued a Cetrificate of Appealability to the petitioner to raise his Apprendi claim after the district court had dismissed his collateral appeal as untimely filed. The …

U.S. v. Astronomo, No. Crim. No. 00-10311-NG (D.Mass.) (183 F.Supp.2d 158) (November 26, 2001) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Astronomo, No. Crim. No. 00-10311-NG (D.Mass.) (183 F.Supp.2d 158) (November 26, 2001) (Judge Nancy Gertner) by Once again, Judge Gertner of the D.Mass. has firmly rejected a Government attempt to allow it to seize virtual control over the sentencing process - here by attempting to engineer a dramatically …

U.S. v. Knights, No. 00-1260 (U.S. Supreme Court) (534 U.S. 112; 122 S.Ct. 587) (December 10, 2001) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Knights, No. 00-1260 (U.S. Supreme Court) (534 U.S. 112; 122 S.Ct. 587) (December 10, 2001) (Justice Rehnquist) by Here the Court unanimously held that the police need only “reasonable suspicion” - not probable cause - to search the home of a person on probation who has “agreed” as …

Ashley v. U.S., No. 01-1733 (7th Cir.) (266 F.3d 671) (September 12, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

Ashley v. U.S., No. 01-1733 (7th Cir.) (266 F.3d 671) (September 12, 2001) (Judge Frank H. Easterbrook) by Here the Court remanded a habeas appeal back to the district court because it had dismissed the appeal as untimely without reaching a conclusion whether Apprendi applies retroactively to collateral attacks. In …

Henry v. Ashcroft, No. 01 Civ. 3377(DC) (S.D.N.Y.) (175 F.Supp.2d 688) (November 30, 2001) (Judge Denny Chin)

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

Filed under: Retroactivity, Punch And Jurists

Henry v. Ashcroft, No. 01 Civ. 3377(DC) (S.D.N.Y.) (175 F.Supp.2d 688) (November 30, 2001) (Judge Denny Chin) by In an immigration-law ruling of some significance, Judge Chin held in this case that a special “clock stopping” provision of the immigration law that was added in 1996 cannot be applied retroactively …

McCoy v. U.S., No. 00-16434 (11th Cir.) (266 F.3d 1245) (September 25, 2001) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Jurisdiction

McCoy v. U.S., No. 00-16434 (11th Cir.) (266 F.3d 1245) (September 25, 2001) (Judge Frank May Hull) by Here the Court held that an Apprendi error in failing to set forth drug quantity in the indictment is not a jurisdictional defect and thus may be waived; and it is subject …

U.S. v. Khattak, No. 00-4169 (3rd Cir.) (273 F.3d 557) (December 6, 2001) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Khattak, No. 00-4169 (3rd Cir.) (273 F.3d 557) (December 6, 2001) (Judge Anthony J. Scirica) by After the defendant in this case signed a standard appeal waiver provision as part of his plea agreement, he asked the Court, on aooeal, to declare that waiver-of-appeals provisions are void as …

U.S. v. Velarde-Gomez, No. 99-50602 (9th Cir.) (269 F.3d 1023) (October 23, 2001) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Velarde-Gomez, No. 99-50602 (9th Cir.) (269 F.3d 1023) (October 23, 2001) (Judge Kim McLane Wardlaw) by In this case the defendant was convicted of importing 63 pounds of marijuana into the United States, after customs officials found the drugs secreted in the gas tank of the car he …

U.S. v. Dinnall, No. 99-4936 (4th Cir.) (269 F.3d 418) (October 15, 2001) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Dinnall, No. 99-4936 (4th Cir.) (269 F.3d 418) (October 15, 2001) (Judge H. Emory Jr. Widener) by The defendant in this case pled guilty to a single count of a multi-count indictment, admitting that he had participated in a conspiracy to distribute an unspecified amount of cocaine base. …

U.S. v. Kelly, No. 00-2705 (3rd Cir.) (272 F.3d 622) (December 5, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Kelly, No. 00-2705 (3rd Cir.) (272 F.3d 622) (December 5, 2001) (Per Curiam) by As most Apprendi-watchers know, on August 9, 2001, a divided panel from the Ninth Circuit issued a highly controversial ruling to the effect that 21 U.S.C. § 841(b)(1)(A) and (B), two of the main …

Brumley v. Wingard, No. 00-3515 (6th Cir.) (269 F.3d 629) (October 11, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Witnesses - Availability

Brumley v. Wingard, No. 00-3515 (6th Cir.) (269 F.3d 629) (October 11, 2001) (Judge Karen Nelson Moore) by Here, a divided panel affirmed the issuance of a writ of habeas corpus on the grounds that the state court had committed error when it permitted the use of a videotaped deposition …