Search | Punch and Jurists

Gerber v. Hickman, No. 00-16494 (9th Cir.) (264 F.3d 882) (September 5, 2001) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Association - Right of

Gerber v. Hickman, No. 00-16494 (9th Cir.) (264 F.3d 882) (September 5, 2001) (Judge Myron H. Bright) by For the record, we note that a divided panel from the Ninth Circuit held in this case that a prisoner who is incarcerated for life has a constitutional right to mail his …

U.S. v. Smith, No. 00-5177 (6th Cir.) (263 F.3d 571) (August 29, 2001) (Judge John D. Holschuh)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 00-5177 (6th Cir.) (263 F.3d 571) (August 29, 2001) (Judge John D. Holschuh) by In this case, the Sixth Circuit joined with all the other Circuits in holding that the delayed filing of a certification by the Government, as required when it appeals in a criminal …

U.S. v. Merced, No. 00-1810 (2nd Cir.) (263 F.3d 34) (August 29, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Merced, No. 00-1810 (2nd Cir.) (263 F.3d 34) (August 29, 2001) (Per Curiam) by Although supervised release is now an obligatory component of virtually every Federal sentence, it is sometimes amazing how much confusion reigns at sentencing about some very basic issues - including the scope and permissible …

U.S. v. Lynch, No. 00-30247 (9th Cir.) (265 F.3d 758) (September 4, 2001) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Lynch, No. 00-30247 (9th Cir.) (265 F.3d 758) (September 4, 2001) (Judge J. Clifford Wallace) by Here the Court vacated a robbery conviction under the Hobbs Act and remanded back to the district court for further determinations as to whether the defendant's actions had some cumulative effect on …

U.S. v. Idarraga, No. 00 Cr. 979 (LAP) (S.D.N.Y.) (October 31, 2001) (Judge Loretta A. Preska)

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

Filed under: Punch And Jurists

U.S. v. Idarraga, No. 00 Cr. 979 (LAP) (S.D.N.Y.) (October 31, 2001) (Judge Loretta A. Preska) by In theory, the Guidelines recognize that a person may commit a crime under the pressure of coercion or duress; and, while that is not a complete defense to the commission of the crime, …

U.S. v. Bearden, No. 00-3898 (8th Cir.) (265 F.3d 732) (September 12, 2001) (Judge Cynthia Holcomb Hall)

Article • October 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists

U.S. v. Bearden, No. 00-3898 (8th Cir.) (265 F.3d 732) (September 12, 2001) (Judge Cynthia Holcomb Hall) by This case is noted for one of those typically broad double jeopardy holdings that always seem to allow the government to pursue a successive prosecution on some technically different - but substantively …

U.S. v. Powell, No. 00-2440 (3rd Cir.) (269 F.3d 175) (October 16, 2001) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists

U.S. v. Powell, No. 00-2440 (3rd Cir.) (269 F.3d 175) (October 16, 2001) (Judge Theodore A. McKee) by

U.S. v. Orso, No. 99-50328 (9th Cir.) (266 F.3d 1030) (September 17, 2001) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Orso, No. 99-50328 (9th Cir.) (266 F.3d 1030) (September 17, 2001) (Judge Diarmuid F. O'Scannlain) by In this decision the en banc court held that under Oregon v. Elstad, 470 U.S. 298 (1985), a Mirandized confession must be suppressed only if the confession was tainted by unwarned statements …

U.S. v. Davis, No. 00-50238 (9th Cir.) (264 F.3d 813) (September 4, 2001) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists

U.S. v. Davis, No. 00-50238 (9th Cir.) (264 F.3d 813) (September 4, 2001) (Judge Susan P. Graber) by Here the Court held that a sentencing court may not depart downward under USSG § 5K2.13 for reduced mental capacity where the defendant's criminal history suggests a history of repeated and violent …

U.S. v. McAllister, No. 00-4423 (4th Cir.) (272 F.3d 228) (November 8, 2001) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. McAllister, No. 00-4423 (4th Cir.) (272 F.3d 228) (November 8, 2001) (Judge William W. Jr. Wilkins) by To date, only one appellate court has held that the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000) rendered the Government’s principal drug enforcement statute, 21 U.S.C. …

U.S. v. Angwin, No. 00-50276 (9th Cir.) (263 F.3d 979) (August 30, 2001) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Habit

U.S. v. Angwin, No. 00-50276 (9th Cir.) (263 F.3d 979) (August 30, 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 …

U.S. v. Rodriguez-Aguirre, No. 00-2337 (10th Cir.) (264 F.3d 1195) (September 5, 2001) (Judge David M. Ebel)

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

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

U.S. v. Rodriguez-Aguirre, No. 00-2337 (10th Cir.) (264 F.3d 1195) (September 5, 2001) (Judge David M. Ebel) by Here the Court held that when the Government seizes property, but never institutes formal forfeiture proceedings, the statute of limitations does not begin to run for Rule 41(e) motions until the conclusion …

Ortega v. U.S., No. 01-1168 (8th Cir.) (270 F.3d 540) (November 1, 2001) (Judge Donald R. Ross)

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

Filed under: Punch And Jurists, Polygraph Evidence/Testing

Ortega v. U.S., No. 01-1168 (8th Cir.) (270 F.3d 540) (November 1, 2001) (Judge Donald R. Ross) by One of the appellants in this case, Sonya Polmanteer, challenged the sentence she received after a jury found her guilty of possession of methamphetamine with intent to distribute, in violation of 21 …

U.S. v. Bjorkman, No. 99-3302 (7th Cir.) (270 F.3d 482) (October 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Bjorkman, No. 99-3302 (7th Cir.) (270 F.3d 482) (October 30, 2001) (Per Curiam) by Here, the Seventh Circuit held, inter alia, that Apprendi does not require that drug quantities be treated as an “element” of a drug crime and that the failure to include the quantity of drugs …

U.S. v. Koczuk, No. 98-VC-1140 (E.D.N.Y.) (166 F.Supp.2d 757) (October 10, 2001) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Koczuk, No. 98-VC-1140 (E.D.N.Y.) (166 F.Supp.2d 757) (October 10, 2001) (Judge Frederic Block) by Under the Federal Sentencing Guidelines, a defendant’s sentence may be increased based on “relevant conduct” as determined by the sentencing judge - even if the relevant conduct arises out of crimes or acts for …

U.S. v. Busekros, No. 00-3339 (10th Cir.) (264 F.3d 1158) (July 19, 2001) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Federal Benefits

U.S. v. Busekros, No. 00-3339 (10th Cir.) (264 F.3d 1158) (July 19, 2001) (Judge Robert H. Henry) by Here the Court held that order imposed under the provisions of 21 USC § 862 that made the defendant ineligible for such benefits for five years was improper since, as a cooperating …

U.S. v. Haney, No. 00-6129 (10th Cir.) (264 F.3d 1161) (August 29, 2001) (Judge David M. Ebel)

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

Filed under: Punch And Jurists

U.S. v. Haney, No. 00-6129 (10th Cir.) (264 F.3d 1161) (August 29, 2001) (Judge David M. Ebel) by Here the Court held that federal criminal gun-control laws do not violate the Second Amendment unless they impair the state's ability to maintain a well-regulated militia - a decision that sharply clashes …

U.S. v. Adams, No. 99-6008 (6th Cir.) (265 F.3d 420) (September 10, 2001) (Judge Boyce F. Jr. Martin)

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

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

U.S. v. Adams, No. 99-6008 (6th Cir.) (265 F.3d 420) (September 10, 2001) (Judge Boyce F. Jr. Martin) by As explained by the Court, the Apprendi issue raised in this case was as follows: " Adams also challenges his sentence on the ground that his prior convictions were determined by …

U.S. v. Reed, No. 00-1681 (6th Cir.) (264 F.3d 640) (August 31, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Atypical conduct

U.S. v. Reed, No. 00-1681 (6th Cir.) (264 F.3d 640) (August 31, 2001) (Judge Karen Nelson Moore) by In 1994, Rosalind Reed, a former criminal defense attorney from Detroit, MI, allowed her office to be used as a drop-off and pick-up point for some $200,000 in cash payments owed to …

U.S. v. Alrub, No. 00 CR 76 (N.D.Ill.) (160 F.Supp.2d 988) (September 5, 2001) (Judge Robert W. Gettleman)

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

Filed under: Punch And Jurists, Criminal Conduct/Purpose

U.S. v. Alrub, No. 00 CR 76 (N.D.Ill.) (160 F.Supp.2d 988) (September 5, 2001) (Judge Robert W. Gettleman) by