Search | Punch and Jurists

U.S. v. Childs, No. 00-3111 (7th Cir.) (256 F.3d 559) (July 3, 2001) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Childs, No. 00-3111 (7th Cir.) (256 F.3d 559) (July 3, 2001) (Judge Richard D. Cudahy) by In a decision that was later reversed by a divided en banc court, the panel held that inquiries falling outside the scope of the matters that gave rise to the defendant's detention …

U.S. v. Price, No. 99-7078 (10th Cir.) (265 F.3d 1097) (September 11, 2001) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Price, No. 99-7078 (10th Cir.) (265 F.3d 1097) (September 11, 2001) (Judge Michael R. Murphy) by As the debate over the impact of the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S. 466 (2000) has grown, one issue that has generated a hailstorm of controversy is …

U.S. v. Ochoa-Gaytan, No. 99-50366 (9th Cir.) (265 F.3d 837) (September 7, 2001) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ochoa-Gaytan, No. 99-50366 (9th Cir.) (265 F.3d 837) (September 7, 2001) (Judge Betty Binns Fletcher) by In this case the Court held that the fact that a defendant attempted to suppress his confession and chose to proceed to trial rather than plead guilty does not make him categorically …

U.S. v. Holder, No. 00-7133 (10th Cir.) (256 F.3d 959) (July 10, 2001) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Protected Persons

U.S. v. Holder, No. 00-7133 (10th Cir.) (256 F.3d 959) (July 10, 2001) (Judge John C. Porfilio) by This case addresses the application of the present version of 18 U.S.C. § 1114 to a private citizen who was not being formally compensated for his efforts. Section 1114 makes it a …

U.S. v. Descally, No. 99-4232 (11th Cir.) (254 F.3d 1328) (June 28, 2001) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Credits

U.S. v. Descally, No. 99-4232 (11th Cir.) (254 F.3d 1328) (June 28, 2001) (Judge Myron H. Bright) by The defendant in this case was convicted in state court of three robberies that also formed part of the conspiracy outlined in his federal plea agreement. He was sentenced to 30 years' …

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (255 F.3d 1024) (July 3, 2001) (Judge Diarmuid F. O'Scannlain)

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

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

U.S. v. Barrios-Gutierrez, No. 99-10148 (9th Cir.) (255 F.3d 1024) (July 3, 2001) (Judge Diarmuid F. O'Scannlain) by When the Federal Sentencing Guidelines were enacted into law in 1987, the Sentencing Commission made a number of grandiose promises about how the Guidelines could be counted on to produce “honesty in …

U.S. v. Antonakeas, No. 99-10002 (9th Cir.) (255 F.3d 714) (June 19, 2001) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Antonakeas, No. 99-10002 (9th Cir.) (255 F.3d 714) (June 19, 2001) (Judge Proctor Jr. Hug) by In this decision, the panel held that the Apprendi rule does not apply to the imposition of mandatory minimum sentences - a decision that appears to have ignored another panel's decision in …

U.S. v. Gilliam, No. 00-2887 (7th Cir.) (255 F.3d 428) (June 28, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists

U.S. v. Gilliam, No. 00-2887 (7th Cir.) (255 F.3d 428) (June 28, 2001) (Judge Joel L. Flaum) by The defendant in this case presented an issue relating to the interplay between Apprendi and the appropriate calculations under the career offender guideline, U.S.S.G. § 4B1.1. Here, the plea agreement and the …

U.S. v. Delgado, No. 99-50635 (5th Cir.) (256 F.3d 264) (June 26, 2001) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists

U.S. v. Delgado, No. 99-50635 (5th Cir.) (256 F.3d 264) (June 26, 2001) (Judge Harold R. Jr. DeMoss) by

U.S. v. Arrington, No. 00-3096 (8th Cir.) (255 F.3d 637) (June 28, 2001) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Arrington, No. 00-3096 (8th Cir.) (255 F.3d 637) (June 28, 2001) (Judge Diana E. Murphy) by The defendant in this case was found guilty at trial of being a felon in possession of a firearm, and he was sentenced to 77 months in prison, which included a two-level …

U.S. v. Le, No. 00-11124 (11th Cir.) (256 F.3d 1229) (July 11, 2001) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Le, No. 00-11124 (11th Cir.) (256 F.3d 1229) (July 11, 2001) (Judge Alfred T. Goodwin) by In this case, the defendant was given a consecutive 60-month sentence for a § 924(c) firearms offense, as well as a seven level increase in his sentence under U.S.S.G. § 2B3.1(b)(2)(A) based …

U.S. v. Watts, No. 00-4008 (7th Cir.) (256 F.3d 630) (July 5, 2001) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Watts, No. 00-4008 (7th Cir.) (256 F.3d 630) (July 5, 2001) (Judge Richard D. Cudahy) by

Milstein v. Cooley, No. 99-56682 (9th Cir.) (257 F.3d 1004) (July 20, 2001) (Judge Proctor Jr. Hug)

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

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

Milstein v. Cooley, No. 99-56682 (9th Cir.) (257 F.3d 1004) (July 20, 2001) (Judge Proctor Jr. Hug) by Here the Court that the L.A. D.A. was not entitled to absolute immunity in a civil rights suit with regard to a number of allegations of misconduct, including acquiring and using known …

Delaney v. DeTella, No. 00-4145 (7th Cir.) (256 F.3d 679) (July 9, 2001) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Right to Exercise

Delaney v. DeTella, No. 00-4145 (7th Cir.) (256 F.3d 679) (July 9, 2001) (Judge Terrence T. Evans) by Here the Court held that all inmates, including those placed in segregation for a lengthy period of time, have a constitutional right to out-of-cell exercise as a necessary ingredient to their physical …

U.S. v. Barton, No. 00-10233 (5th Cir.) (257 F.3d 433) (July 9, 2001) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Barton, No. 00-10233 (5th Cir.) (257 F.3d 433) (July 9, 2001) (Judge Harold R. Jr. DeMoss) by Here the Court held that the Apprendi rule does not require the jury to make a finding that the defendant discharged a firearm in order for the defendant to be subjected …

U.S. v. Walter, No. 00-10384 (9th Cir.) (256 F.3d 891) (July 18, 2001) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

U.S. v. Walter, No. 00-10384 (9th Cir.) (256 F.3d 891) (July 18, 2001) (Judge Donald P. Lay) by The defendant in this case believed that a friend, one Ronald Merrit, stole several hundred dollars from him. To get revenge, he sent a letter addressed to President Clinton signed with Merrit’s …

U.S. v. Guevara-Martinez, No. 00-3855 (8th Cir.) (262 F.3d 751) (August 20, 2001) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists, Suppression

U.S. v. Guevara-Martinez, No. 00-3855 (8th Cir.) (262 F.3d 751) (August 20, 2001) (Judge Kermit Edward Bye) by Some years ago, the Supreme Court concluded that “the body or identity of a defendant or respondent in a criminal or civil proceeding is never itself suppressible as a fruit of an …

U.S. v. Butch, No. 99-5738 (3rd Cir.) (256 F.3d 171) (June 29, 2001) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists

U.S. v. Butch, No. 99-5738 (3rd Cir.) (256 F.3d 171) (June 29, 2001) (Judge Thomas L. Ambro) by

U.S. v. Fallen, No. 99-11329 (11th Cir.) (256 F.3d 1082) (July 9, 2001) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Victims - Official

U.S. v. Fallen, No. 99-11329 (11th Cir.) (256 F.3d 1082) (July 9, 2001) (Judge Gerald B. Tjoflat) by

Gomez v. Vernon, No. 99-35930 (9th Cir.) (255 F.3d 1118) (July 10, 2001) (Judge M. Margaret McKeown)

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

Filed under: Sanctions, Punch And Jurists

Gomez v. Vernon, No. 99-35930 (9th Cir.) (255 F.3d 1118) (July 10, 2001) (Judge M. Margaret McKeown) by This is a rather extraordinary prison case which the Court said “exemplifies [the] antagonism toward prisoner litigation at the cost of constitutional rights and legal ethics.” (Id., at 1122). The principal issue …