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Coalition for Gov. Procure. v. Fed. Pris., No. 1:99-CV-919 (W.D.Mich.) (154 F.Supp.2d 1140) (August 8, 2001) (Judge Robert Holmes Bell)

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

Filed under: Punch And Jurists, UNICOR

Coalition for Gov. Procure. v. Fed. Pris., No. 1:99-CV-919 (W.D.Mich.) (154 F.Supp.2d 1140) (August 8, 2001) (Judge Robert Holmes Bell) by This case is noted as one of the rare, published cases to probe some of the internal workings of the secretive and highly pampered entity known as the Federal …

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Carrera, No. 00-1234 (7th Cir.) (259 F.3d 818) (August 3, 2001) (Judge Michael S. Kanne) by In this case the Court explained that a finding that the defendant "was not completely hinest in his admissions is an appropriate independent justification for denying the reduction" for acceotance of responsibility. …

U.S. v. Randle, No. 97-20360 (5th Cir.) (259 F.3d 319) (July 17, 2001) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Randle, No. 97-20360 (5th Cir.) (259 F.3d 319) (July 17, 2001) (Judge Edith H. Jones) by Here, on remand from the Supreme Court, the Court vacated a sentence imposed in a drug case where the jury was "not even inferentially asked" to determine the quantity of drugs - …

U.S. v. Lopez, No. 00-50594 (9th Cir.) (258 F.3d 1053) (August 6, 2001) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists

U.S. v. Lopez, No. 00-50594 (9th Cir.) (258 F.3d 1053) (August 6, 2001) (Judge Pamela Ann Rymer) by In this case the defendant contended that he was entitled to notice before sentencing that participation in a mental health program could be imposed as a special condition of supervised release. He …

U.S. v. Gonzalez, No. 00-50406 (5th Cir.) (259 F.3d 355) (July 19, 2001) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Gonzalez, No. 00-50406 (5th Cir.) (259 F.3d 355) (July 19, 2001) (Judge Emilio M. Garza) by In this drug case, the majority vacated the defendant's drug sentence based on Apprendi. However, Judge Parker, who concurred specially because he was constrained to do so by Circuit precedent, wrote about …

Johnson v. U.S., No. 96-203 (U.S. Supreme Court) (520 U.S. 461; 117 S.Ct. 1544) (May 12, 1997) (Justice Rehnquist)

Article • August 31, 2001

Filed under: Jury Instructions, Punch And Jurists

Johnson v. U.S., No. 96-203 (U.S. Supreme Court) (520 U.S. 461; 117 S.Ct. 1544) (May 12, 1997) (Justice Rehnquist) by In this case the Court considered the validity of Johnson's conviction for perjury under 18 U.S.C. § 1623. The trial court, without objection and following then-settled law, had instructed the …

Nixon v. Fitzgerald, No. 79-1738 (U.S. Supreme Court) (457 U.S. 731; 102 S.Ct. 2690) (June 24, 1982) (Justice Powell)

Article • August 29, 2001

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Nixon v. Fitzgerald, No. 79-1738 (U.S. Supreme Court) (457 U.S. 731; 102 S.Ct. 2690) (June 24, 1982) (Justice Powell) by This case, and its companion, Harlow v. Fitzgerald, 457 U.S. 800 (1982), are the Supreme Court's last major decisions on the subject of qualified immunity. In its rulings, the Court …

Harlow v. Fitzgerald, No. 80-945 (U.S. Supreme Court) (457 U.S. 800; 102 S.Ct. 2727) (June 24, 1982) (Justice Powell)

Article • August 29, 2001

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Harlow v. Fitzgerald, No. 80-945 (U.S. Supreme Court) (457 U.S. 800; 102 S.Ct. 2727) (June 24, 1982) (Justice Powell) by This case, and its companion, Nixon v. Fitzgerald, 457 U.S. 731 (1982), are the Supreme Court's last major decisions on the subject of qualified immunity. In this case, the Court …

Cohen v. Beneficial Industrial Loan Corp., No. 442 (U.S. Supreme Court) (337 U.S. 541; 69 S.Ct. 1221) (June 20, 2049) (Justice Jackson)

Article • August 27, 2001

Filed under: Punch And Jurists, Collateral Order Exception

Cohen v. Beneficial Industrial Loan Corp., No. 442 (U.S. Supreme Court) (337 U.S. 541; 69 S.Ct. 1221) (June 20, 2049) (Justice Jackson) by Here the Supreme Court carved out an exception to 28 USC § 1291 (which grants courts of appeal jurisdiction of appeals from all "final" decisions of the …

Donaldson v. U.S., No. 65 (U.S. Supreme Court) (400 U.S. 517; 91 S.Ct. 534) (January 25, 1971) (Justice Blackmun)

Article • August 22, 2001

Filed under: Punch And Jurists, Searches - Administrative

Donaldson v. U.S., No. 65 (U.S. Supreme Court) (400 U.S. 517; 91 S.Ct. 534) (January 25, 1971) (Justice Blackmun) by In this case, an IRS special agent issued summonses to a taxpayer's putative former employer and its accountant for the production of the employer's records of the taxpayer's employment and …

U.S. v. LaSalle National Bank, No. 77-365 (U.S. Supreme Court) (437 U.S. 298; 98 S.Ct. 2357) (June 19, 1978) (Justice Blackmun)

Article • August 22, 2001

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. LaSalle National Bank, No. 77-365 (U.S. Supreme Court) (437 U.S. 298; 98 S.Ct. 2357) (June 19, 1978) (Justice Blackmun) by This case was a supplement to the Supreme Court's decision in Donaldson v. United States, 400 U.S. 517 (1971). It presented the issue of whether the District Court …

Davis v. U.S., No. 72-1454 (U.S. Supreme Court) (417 U.S. 333; 94 S.Ct. 2298) (June 10, 1974) (Justice Stewart)

Article • August 22, 2001

Filed under: Punch And Jurists

Davis v. U.S., No. 72-1454 (U.S. Supreme Court) (417 U.S. 333; 94 S.Ct. 2298) (June 10, 1974) (Justice Stewart) by This case involved the availability of collateral relief from a federal criminal conviction based upon an intervening change in substantive law. Here, the petitioner's conviction (for refusing induction into the …

U.S. v. Morton Salt Co., No. 273 (U.S. Supreme Court) (338 U.S. 632; 70 S.Ct. 357) (February 6, 2050) (Justice Jackson)

Article • August 21, 2001

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. Morton Salt Co., No. 273 (U.S. Supreme Court) (338 U.S. 632; 70 S.Ct. 357) (February 6, 2050) (Justice Jackson) by Here, in a case involving an administrative request for corporate documents, the Supreme Court held that an agency's request for corporate documents should be approved by the judiciary …

U.S. v. Powell, No. 54 (U.S. Supreme Court) (379 U.S. 48; 85 S.Ct. 248) (November 23, 2064) (Justice Harlan)

Article • August 21, 2001

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. Powell, No. 54 (U.S. Supreme Court) (379 U.S. 48; 85 S.Ct. 248) (November 23, 2064) (Justice Harlan) by Here the Court held that the IRS need not show probable cause that a tax fraud has been committed in order to justify a broad administrative search through its subpoena …

Hill v. U.S., No. 68 (U.S. Supreme Court) (368 U.S. 424; 82 S.Ct. 468) (January 22, 2062) (Justice Stewart)

Article • August 6, 2001

Filed under: Punch And Jurists, Appealable Issues/Orders

Hill v. U.S., No. 68 (U.S. Supreme Court) (368 U.S. 424; 82 S.Ct. 468) (January 22, 2062) (Justice Stewart) by This case is a continuation of the Court's decision in Green v. U.S., 365 U.S. 301 (1961), where it first characterized the right of allocution at sentencing as an important …

Bell v. U.S., No. 468 (U.S. Supreme Court) (349 U.S. 81; 75 S.Ct. 620) (May 9, 2055) (Justice Frankfurter)

Article • August 6, 2001

Filed under: Punch And Jurists, Duplicity/Multiplicity

Bell v. U.S., No. 468 (U.S. Supreme Court) (349 U.S. 81; 75 S.Ct. 620) (May 9, 2055) (Justice Frankfurter) by The defendant in this case was convicted of two violations of the Mann Act, 18 U.S.C. § 2421 (prohibiting the interstate transportation of "any woman or girl" for purposes of …

City of Los Angeles v. Lyons, No. 81-1064 (U.S. Supreme Court) (461 U.S. 95; 103 S.Ct. 1660) (April 20, 1983) (Justice White)

Article • August 5, 2001

Filed under: Standing, Punch And Jurists

City of Los Angeles v. Lyons, No. 81-1064 (U.S. Supreme Court) (461 U.S. 95; 103 S.Ct. 1660) (April 20, 1983) (Justice White) by Here a bitterly divided Court denied standing to obtain an injunction in a civil rights suit where the plaintiff could not show a sufficient likelihood that he …

U.S. v. Teeter, No. 00-2332 (1st Cir.) (257 F.3d 14) (July 23, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Teeter, No. 00-2332 (1st Cir.) (257 F.3d 14) (July 23, 2001) (Judge Bruce M. Selya) by This is an important decision on the validity of the highly-popular waivers of appellate rights that are now inserted in most plea agreements. Defense counsel have frequently criticized such waivers on the …

U.S. v. Shabazz, No. 99-2388 (6th Cir.) (263 F.3d 603) (August 30, 2001) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Accessories and Accomplices

U.S. v. Shabazz, No. 99-2388 (6th Cir.) (263 F.3d 603) (August 30, 2001) (Judge Alice M. Batchelder) by In 1998, the Government commenced a major RICO trial against five alleged members of the Detroit Cosa Nostra, one of whom was Paul Corrado, whose most serious charge was conspiracy to commit …

U.S. v. Jimenez, No. 00-50323 (5th Cir.) (256 F.3d 330) (June 29, 2001) (Judge Keith P. Ellison)

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

Filed under: Punch And Jurists

U.S. v. Jimenez, No. 00-50323 (5th Cir.) (256 F.3d 330) (June 29, 2001) (Judge Keith P. Ellison) by Here the Court held that a one-room office in a private residential home may provide federal jurisdiction for purposes of federal arson statutes, even if defendants were unaware that any business activity …