Search | Punch and Jurists

U.S. v. Fermin, No. 00-1417 (2nd Cir.) (252 F.3d 102) (May 29, 2001) (Judge Christopher F. Droney)

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

Filed under: Punch And Jurists, Credits

U.S. v. Fermin, No. 00-1417 (2nd Cir.) (252 F.3d 102) (May 29, 2001) (Judge Christopher F. Droney) by District court lacks authority under U.S.S.G. § 5G1.3(c) to "credit" defendant for the time he had served on a state parole violation sentence in a conviction for re-entry in the country following …

U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph)

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

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

U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph) by Here the Court approved the forced use of antipsychotic drugs on a pretrial detainee who has been accused of killing two policemen in an attempt to make him competent to stand trial …

U.S. v. Lane, No. 00-4180 (7th Cir.) (252 F.3d 905) (May 31, 2001) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Lane, No. 00-4180 (7th Cir.) (252 F.3d 905) (May 31, 2001) (Judge Richard A. Posner) by Here, taking issue with the Second Circuit, the Court held that a felon's possession of a firearm is not a "crime of violence" under the Bail Reform Act which automatically denies the …

Hawkins v. Comparet-Cassani, No. 99-55187 (9th Cir.) (251 F.3d 1230) (May 30, 2001) (Judge James R. Browning)

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

Filed under: Punch And Jurists, Restraint of Defendant

Hawkins v. Comparet-Cassani, No. 99-55187 (9th Cir.) (251 F.3d 1230) (May 30, 2001) (Judge James R. Browning) by Here the Court ruled that Sheriffs may use stun belts on criminal defendants at trial if the defendants present a risk to courtroom security, but not if a defendant is merely disruptive. …

U.S. v. Hoskie, No. 3:99CR128 (EBB) (D.Conn.) (144 F.Supp.2d 108) (April 20, 2001) (Judge Ellen Bree Burns)

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

Filed under: Punch And Jurists

U.S. v. Hoskie, No. 3:99CR128 (EBB) (D.Conn.) (144 F.Supp.2d 108) (April 20, 2001) (Judge Ellen Bree Burns) by [Editor's Note: For a contrary decision, see Brackett v. U.S., No. 01-1466 (1st Cir. 10/31/2001)]. Here the Court concluded that the one-year statute of limitations contained in 28 USC § 2255 for …

U.S. v. Goode, No. 00-CV-74400-DT (E.D.Mich.) (143 F.3d 817) (January 23, 2001) (Judge Patrick J. Duggan)

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

Filed under: Punch And Jurists

U.S. v. Goode, No. 00-CV-74400-DT (E.D.Mich.) (143 F.3d 817) (January 23, 2001) (Judge Patrick J. Duggan) by

U.S. v. Pelullo, No. CR. 91-60 (E.D.Pa.) (144 F.Supp.2d 369) (April 26, 2001) (Judge Robert F. Kelly)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Pelullo, No. CR. 91-60 (E.D.Pa.) (144 F.Supp.2d 369) (April 26, 2001) (Judge Robert F. Kelly) by Here the Court rejected a series of defense motions, holding, inter alia, that the Government's alleged suppression of Brady evidence was not material to the defendant's prosecution.

U.S. v. Arlt, No. 97-50588 (9th Cir.) (252 F.3d 1032) (May 31, 2001) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. Arlt, No. 97-50588 (9th Cir.) (252 F.3d 1032) (May 31, 2001) (Judge Stephen Reinhardt) by In this case, the en banc court overruled its prior precedent in U.S. v. Alerta, 96 F.3d 1230 (9th Cir. 1996), and held that the Double Jeopardy Clause of the Fifth Amendment permits …

U.S. v. Hill, No. 00-30023 (9th Cir.) (257 F.3d 1116) (July 27, 2001) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Accessories and Accomplices

U.S. v. Hill, No. 00-30023 (9th Cir.) (257 F.3d 1116) (July 27, 2001) (Judge Thomas G. Nelson) by This case offers a disturbing look at the virtually unlimited power of the Government to pursue a target - relentlessly - even if the purpose of that pursuit is to gain leverage …

Solis v. U.S., No. 99-5833 (3rd Cir.) (252 F.3d 289) (June 5, 2001) (Judge Max Rosenn)

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

Filed under: Punch And Jurists

Solis v. U.S., No. 99-5833 (3rd Cir.) (252 F.3d 289) (June 5, 2001) (Judge Max Rosenn) by The Court started its opinion in this case with the following statement: "A request by a petitioner under 28 U.S.C. § 2255 for an evidentiary hearing under the District Court's discretionary power is …

Beatty v. U.S., No. 00 Civ. 9097 (SHS) (S.D.N.Y.) (142 F.Supp.2d 454) (April 17, 2001) (Judge Sidney H. Stein)

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

Filed under: Punch And Jurists

Beatty v. U.S., No. 00 Civ. 9097 (SHS) (S.D.N.Y.) (142 F.Supp.2d 454) (April 17, 2001) (Judge Sidney H. Stein) by

Chavez v. Illinois State Police, No. 99-3691 (7th Cir.) (251 F.3d 612) (May 23, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

Chavez v. Illinois State Police, No. 99-3691 (7th Cir.) (251 F.3d 612) (May 23, 2001) (Judge Michael S. Kanne) by Here the Court ruled that plaintiffs may use statistics to show that troopers engaged in racial profiling by treating members of plaintiffs' class differently than other motorists similarly situated but …

U.S. v. Wilkerson, No. 00-1538 (1st Cir.) (251 F.3d 273) (June 4, 2001) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists

U.S. v. Wilkerson, No. 00-1538 (1st Cir.) (251 F.3d 273) (June 4, 2001) (Judge Kermit A. Lipez) by Here the First Circuit vacated an order of Judge Gertner granting a new trial in the grounds that the errors cited (ineffective assistance if counsel and the exclusion of evidence offered to …

U.S. v. Dunegan, No. 00-4317 (3rd Cir.) (251 F.3d 477) (May 25, 2001) (Judge Max Rosenn)

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

Filed under: Punch And Jurists, Expungement/Removal

U.S. v. Dunegan, No. 00-4317 (3rd Cir.) (251 F.3d 477) (May 25, 2001) (Judge Max Rosenn) by Here the Court held that in the absence of a statute enacted by Congress, the district court did not have the jurisdiction to expunge a criminal record, even in a case that ended …

U.S. v. Frigerio-Migiano, No. 00-1863 (1st Cir.) (254 F.3d 30) (June 29, 2001) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists

U.S. v. Frigerio-Migiano, No. 00-1863 (1st Cir.) (254 F.3d 30) (June 29, 2001) (Judge Juan R. Torruella) by It’s a rare case when a money laundering conviction is overturned - and it’s even more rare when a court does so when (a) the defendant concedes that he engaged in a …

U.S. v. Rodriguez-Montelongo, No. 00-51023 (5th Cir.) (263 F.3d 429) (August 23, 2001) (Judge Richard A. Schell)

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

Filed under: Punch And Jurists, Cultural Assimilation

U.S. v. Rodriguez-Montelongo, No. 00-51023 (5th Cir.) (263 F.3d 429) (August 23, 2001) (Judge Richard A. Schell) by This decision marks the second time that an appellate court has approved - at least in principle - the concept that a district court may grant a sentencing departure based on a …

U.S. v. Campbell, No. 99-4539 (4th Cir.) (259 F.3d 293) (August 1, 2001) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Campbell, No. 99-4539 (4th Cir.) (259 F.3d 293) (August 1, 2001) (Judge Diana Gribbon Motz) by Here the court held that a conviction for assaulting a Federal officer under the enhancement provisions of 18 U.S.C. § 111(b) requires proof of a bodily injury or a use of a …

U.S. v. Buckland, No. 99-30285 (9th Cir.) (259 F.3d 1157) (August 9, 2001) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Buckland, No. 99-30285 (9th Cir.) (259 F.3d 1157) (August 9, 2001) (Judge A. Wallace Tashima) by Here a divided panel from the Ninth Circuit held that 21 U.S.C. § 841(b)(1)(A) and (B), two of the main provisions of the most commonly used drug statute, are facially unconstitutional under …

U.S. v. Moss, No. 99-3169 (8th Cir.) (252 F.3d 993) (June 11, 2001) (Judge David R. Hansen)

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

Filed under: Punch And Jurists

U.S. v. Moss, No. 99-3169 (8th Cir.) (252 F.3d 993) (June 11, 2001) (Judge David R. Hansen) by Here, over the dissent of Judge Richard S. Arnold, the Court held that Apprendi presents a "new rule of constitutional law" that is not a "watershed" decision and thus petitioners may not …

U.S. v. Sidhom, No. Cr. No. 98-10289-EFH (D.Mass.) (144 F.Supp.2d 41) (June 19, 2001) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists

U.S. v. Sidhom, No. Cr. No. 98-10289-EFH (D.Mass.) (144 F.Supp.2d 41) (June 19, 2001) (Judge Edward F. Harrington) by Here, the Court concluded: "Under the Sentencing Commission Guidelines the power to impose a sentence has been virtually transferred from the court to the government, which, as the prosecuting authority, is …