Search | Punch and Jurists

U.S. v. Gill, No. 00-10304 (9th Cir.) (264 F.3d 929) (September 6, 2001) (Judge A. Wallace Tashima)

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

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

U.S. v. Gill, No. 00-10304 (9th Cir.) (264 F.3d 929) (September 6, 2001) (Judge A. Wallace Tashima) by Here, over the dissent of Judge Reinhardt, a majority held that the Child Support Recover Act (18 USC § 228(a)) permits the inclusion of interest on delinquent child support payments - even …

Green v. U.S., No. 00-2624 (8th Cir.) (262 F.3d 715) (August 17, 2001) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

Green v. U.S., No. 00-2624 (8th Cir.) (262 F.3d 715) (August 17, 2001) (Judge Morris Sheppard Arnold) by The petitioner in this case, Mack Green, sought to challenge his conviction and sentence pursuant to 28 U.S.C. § 2255. As part of that proceeding, he applied for in forma pauperis status. …

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, Family Circumstances

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. Smith, No. 99-40844 (5th Cir.) (264 F.3d 518) (August 28, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Smith, No. 99-40844 (5th Cir.) (264 F.3d 518) (August 28, 2001) (Per Curiam) by Here, in remand from the Supreme Court, the 5th Circuit held that the district court plainly erred when it failed to submit to the jury drug quantity as an element of the offense and …

U.S. v. K, No. 00-CR-951 (JBW) (E.D.N.Y.) (160 F.Supp.2d 421) (May 31, 2001) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists

U.S. v. K, No. 00-CR-951 (JBW) (E.D.N.Y.) (160 F.Supp.2d 421) (May 31, 2001) (Judge Jack B. Weinstein) by This is not just another sentencing decision: it is actually an important and thought-provoking exposition in which a highly-respected jurist issued a call for greater consideration of alternatives to the lengthy and …

U.S. v. McFarland, No. 00-10569 (5th Cir.) (264 F.3d 557) (August 29, 2001) (Per Curiam)

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

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

U.S. v. McFarland, No. 00-10569 (5th Cir.) (264 F.3d 557) (August 29, 2001) (Per Curiam) by The defendant in this case, James W, McFarland, robbed four different retail convenience stores in Fort Worth, Texas during a one-month period in 1998 - in which he stole approximately $1,795-$2,295. He was charged …

U.S. v. Arena, No. 00 Cr. 398 (JFK) (S.D.N.Y.) (2001 U.S. Dist. LEXIS 17522) (October 29, 2001) (Judge John F. Keenan)

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

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

U.S. v. Arena, No. 00 Cr. 398 (JFK) (S.D.N.Y.) (2001 U.S. Dist. LEXIS 17522) (October 29, 2001) (Judge John F. Keenan) by Here the Court held hat a defendant may be medicated with anti-psychotic drugs to ensure his competency to stand trial, even though the defense announced its intention to …

U.S. v. Alanis, No. 00-3073 (7th Cir.) (265 F.3d 576) (September 7, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Alanis, No. 00-3073 (7th Cir.) (265 F.3d 576) (September 7, 2001) (Judge Michael S. Kanne) by Here the Court rejected a challenge to a 468 month sentence imposed on a defendant when the court - not the jury - determined the quantity of drugs in violation of Apprendi …

U.S. v. Lopez, No. 00-20506 (5th Cir.) (264 F.3d 527) (August 29, 2001) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Lopez, No. 00-20506 (5th Cir.) (264 F.3d 527) (August 29, 2001) (Judge Fortunato P. Benavides) by After the defendant in this case pled guilty to various drug trafficking and money laundering offenses, he filed an unopposed motion to waive the preparation of a presentence report in which he …

U.S. ex re. Derrick Hardaway v. Young, No. 01 C 3963 (N.D.Ill.) (162 F.Supp.2d 1005) (September 13, 2001) (Judge Milton I. Shadur)

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

Filed under: Punch And Jurists

U.S. ex re. Derrick Hardaway v. Young, No. 01 C 3963 (N.D.Ill.) (162 F.Supp.2d 1005) (September 13, 2001) (Judge Milton I. Shadur) by Here, in a decision subsequently reversed by the Seventh Circuit, the Court granted habeas relief based on its finding that the 14 year old defendant's confession was …

U.S. v. Emerson, No. 99-10331 (5th Cir.) (270 F.3d 203) (October 16, 2001) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists

U.S. v. Emerson, No. 99-10331 (5th Cir.) (270 F.3d 203) (October 16, 2001) (Judge Will L. Garwood) by Here, in one of the most detailed analyses of the Second Amendment that we have seen, the Court held that the Constitution does guarantee an individual the right to bear arms, but …

U.S. v. Bollin, No. 00-4337 (4th Cir.) (264 F.3d 391) (June 7, 2001) (Judge Cynthia Holcomb Hall)

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

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

U.S. v. Bollin, No. 00-4337 (4th Cir.) (264 F.3d 391) (June 7, 2001) (Judge Cynthia Holcomb Hall) by One of the issues addressed in this case was a restitution collection issue - and the Court held that Federal law supersedes the garnishment protection that state law provides for funds in …

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, Reasonable Suspicion

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 Court addressed otherwise innocent activity in the context of reasonable suspicion, stating: "This Court is aware that under the totality of the circumstances test it is possible that …

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (269 F.3d 1250) (October 17, 2001) (Judge Frank May Hull) by Here the en banc Court rejected the defendants' contention that Apprendi invalidated their guilty pleas because the court did not advise them of all the elements of the offense and because the …

U.S. v. Smith, No. 00-3129 (D.C. Cir.) (267 F.3d 1154) (October 30, 2001) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Smith, No. 00-3129 (D.C. Cir.) (267 F.3d 1154) (October 30, 2001) (Judge Harry T. Edwards) by The defendant in this case, a government employee in the District of Columbia, was accused of steering clients to a Medicaid facility in exchange for various benefits. He was convicted at trial …

Andrade v. Attorney General of California, No. 99-55691 (9th Cir.) (270 F.3d 743) (November 2, 2001) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Three Strikes Statutes/Rule

Andrade v. Attorney General of California, No. 99-55691 (9th Cir.) (270 F.3d 743) (November 2, 2001) (Judge Richard A. Paez) by Here a divided panel from the Ninth Circuit held that the imposition of two, consecutive 25- years-to-life sentences under California’s three strikes statutes on a defendant who was convicted …

U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Severino, No. 00-30161 (9th Cir.) (268 F.3d 850) (September 28, 2001) (Judge Pamela Ann Rymer) by Here a divided panel from the 9th Circuit held that the procedural requirements for filing an information to seek a sentencing enhancement under 21 USC § 851(a) is not jurisdictional in nature …

Correctional Services Corp. v. Malesko, No. 00-860 (U.S. Supreme Court) (534 U.S. 61; 122 S.Ct. 515) (November 27, 2001) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Bivens Actions

Correctional Services Corp. v. Malesko, No. 00-860 (U.S. Supreme Court) (534 U.S. 61; 122 S.Ct. 515) (November 27, 2001) (Justice Rehnquist) by Here the Court held, by a 5 to 4 vote, that Bivens actions should not be extended to cover civil rights claims against a private prison corporation operating …

Miller-El v. Johnson, No. 00-10784 (5th Cir.) (261 F.3d 445) (August 7, 2001) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Batson Claims

Miller-El v. Johnson, No. 00-10784 (5th Cir.) (261 F.3d 445) (August 7, 2001) (Judge Harold R. Jr. DeMoss) by Here the Court denied a Certificate of Appealability that the capital defendant sought on the grounds that the prosecution had systematically violated the Batson rule by removing 10 0f 11 black …

U.S. v. Elliott, No. 00-5010 (10th Cir.) (264 F.3d 1171) (August 30, 2001) (Judge David M. Ebel)

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

Filed under: Punch And Jurists

U.S. v. Elliott, No. 00-5010 (10th Cir.) (264 F.3d 1171) (August 30, 2001) (Judge David M. Ebel) by In the United States District Court for the Northern District of Oklahoma, defendant pleaded guilty to participating in a drug conspiracy. In his plea agreement, defendant waived the right to appeal his …