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U.S. v. Caldwell, No. 98-2871 (8th Cir.) (255 F.3d 532) (July 6, 2001) (Per Curiam)
Article • June 1, 2001 • from P&J August, 2001
Filed under: Punch And Jurists, Concurrent and Consecutive Sentences
U.S. v. Caldwell, No. 98-2871 (8th Cir.) (255 F.3d 532) (July 6, 2001) (Per Curiam) by Here, on remand from the Supreme Court, the Eighth Circuit affirmed the 160-month sentence that had been vacated since the defendant could have been sentenced to three consecutive sentences of 60 months each under …
U.S. v. Diaz, No. 99-4166 (11th Cir.) (248 F.3d 1065) (April 17, 2001) (Judge David D. Jr. Dowd)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Diaz, No. 99-4166 (11th Cir.) (248 F.3d 1065) (April 17, 2001) (Judge David D. Jr. Dowd) by Here, the Court strongly affirmed the position it took in U.S. v. Harris, 244 F.3d 828 (11th Cir. 2001) to the effect that "Sentencing Guideline issues are not subject to the …
U.S. v. Lewis, No. 00-2247 (8th Cir.) (249 F.3d 793) (May 10, 2001) (Judge Donald D. Alsop)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Lesser Harms
U.S. v. Lewis, No. 00-2247 (8th Cir.) (249 F.3d 793) (May 10, 2001) (Judge Donald D. Alsop) by Under U.S.S.G. § 5K2.11 (a “Policy Statement” that is entitled “Lesser Harms”), a sentencing court is permitted to depart downward from the otherwise applicable sentencing range under two separate and distinct circumstances: …
U.S. v. Peterman, No. 99-3660 (6th Cir.) (249 F.3d 458) (April 30, 2001) (Judge Allen E. Norris)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Jurisdiction
U.S. v. Peterman, No. 99-3660 (6th Cir.) (249 F.3d 458) (April 30, 2001) (Judge Allen E. Norris) by This case is one of the few that we have seen to interpret the scope of the so-called “savings clause” of 28 U.S.C. § 2255. While § 2255 is the primary avenue …
U.S. v. Marshall, No. 99-4053 (6th Cir.) (248 F.3d 525) (April 25, 2001) (Judge Ronald Lee Gilman)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Marshall, No. 99-4053 (6th Cir.) (248 F.3d 525) (April 25, 2001) (Judge Ronald Lee Gilman) by Here the Court held that purchasing jewlery and wine with stolen money is not money laundering under 18 USC 1956(a)(1)(B)(i) because the defendant's misstatements of fact were to a party unrelated to …
U.S. v. Ray, No. 00-2392 (8th Cir.) (250 F.3d 596) (May 8, 2001) (Judge Diana E. Murphy)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists
U.S. v. Ray, No. 00-2392 (8th Cir.) (250 F.3d 596) (May 8, 2001) (Judge Diana E. Murphy) by
U.S. v. Camacho, No. 99-14833 (11th Cir.) (248 F.3d 1286) (April 23, 2001) (Judge Gerald B. Tjoflat)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists
U.S. v. Camacho, No. 99-14833 (11th Cir.) (248 F.3d 1286) (April 23, 2001) (Judge Gerald B. Tjoflat) by
U.S. v. Jones, No. 00-3941 (7th Cir.) (248 F.3d 671) (April 24, 2001) (Judge Joel L. Flaum)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Jones, No. 00-3941 (7th Cir.) (248 F.3d 671) (April 24, 2001) (Judge Joel L. Flaum) by Here the Court held that attributing drugs sold by defendant to others as relevant conduct, thereby increasing base offense level, did not implicate the Apprendi rule so long as the sentence imposed …
U.S. v. Espinoza, No. 00-3090 (7th Cir.) (256 F.3d 718) (July 11, 2001) (Judge John L. Coffey)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Searches - Knock and Announce
U.S. v. Espinoza, No. 00-3090 (7th Cir.) (256 F.3d 718) (July 11, 2001) (Judge John L. Coffey) by United States v. Espinoza, 256 F.3d 718 (7th Cir. 2001) (Judge Coffey) United States v. Brown, 251 F.3d 286 (1st Cir. 2001) (Judge Stahl) In Richards v. Wisconsin, 520 U.S. 385 (1997), …
U.S. v. True, No. 99-5111 (6th Cir.) (250 F.3d 410) (May 17, 2001) (Judge Richard F. Suhrheinrich)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Burden of Proof
U.S. v. True, No. 99-5111 (6th Cir.) (250 F.3d 410) (May 17, 2001) (Judge Richard F. Suhrheinrich) by Here the Court affirmed the district court's denial of fees and expenses under the Hyde Amendment, stating that the defendant had not met his burden of proving that the Government's prosecution of …
U.S. v. Wilson, No. 00-20041 (5th Cir.) (249 F.3d 366) (April 19, 2001) (Judge W. Eugene Davis)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Wilson, No. 00-20041 (5th Cir.) (249 F.3d 366) (April 19, 2001) (Judge W. Eugene Davis) by Among the many issues raised in this appeal was a contention by the defendant, George Wilson, that his sentence was in violation of the Court's ruling in Apprendi v. New Jersey, because …
McCarthy v. Bronson, No. 90-5635 (U.S. Supreme Court) (500 U.S. 136; 111 S.Ct. 1737) (May 20, 1991) (Justice Stevens)
Article • May 29, 2001
Filed under: Punch And Jurists, Prison Conditions
McCarthy v. Bronson, No. 90-5635 (U.S. Supreme Court) (500 U.S. 136; 111 S.Ct. 1737) (May 20, 1991) (Justice Stevens) by In this case the Court addressed a provision of the prison litigation statutes, namely 28 U.S.C. § 636(b)(1)(B), which authorized the nonconsensual reference to magistrate judges of "prisoner petitions challenging …
Grady v. Corbin, No. 89-474 (U.S. Supreme Court) (495 U.S. 508; 110 S.Ct. 2087) (May 29, 1990) (Justice Brennan)
Article • May 27, 2001
Filed under: Punch And Jurists
Grady v. Corbin, No. 89-474 (U.S. Supreme Court) (495 U.S. 508; 110 S.Ct. 2087) (May 29, 1990) (Justice Brennan) by Although the holding of this case was subsequently overruled in U.S. v. Dixon, 509 U.S. 688 (1993), the Court held that the Double Jeopardy Clause bars a subsequent prosecution if, …
Illinois v. Vitale, No. 78-1845 (U.S. Supreme Court) (447 U.S. 410; 100 S.Ct. 2260) (June 19, 1980) (Justice White)
Article • May 27, 2001
Filed under: Punch And Jurists
Illinois v. Vitale, No. 78-1845 (U.S. Supreme Court) (447 U.S. 410; 100 S.Ct. 2260) (June 19, 1980) (Justice White) by In this case, a teenaged driver had struck and killed two children. A police officer cited him at the scene for failing to reduce his speed in order to avoid …
Robinson v. California, No. 554 (U.S. Supreme Court) (370 U.S. 660; 82 S.Ct. 1417) (June 25, 2062) (Justice Stewart)
Article • May 19, 2001
Filed under: Punch And Jurists, Drug or Alcohol Dependence
Robinson v. California, No. 554 (U.S. Supreme Court) (370 U.S. 660; 82 S.Ct. 1417) (June 25, 2062) (Justice Stewart) by Here the Court held that the Eighth Amendment forbids punishment of a drug addict merely due to his status of being a drug addict; and it invalidated a California statute …
U.S. v. Oakland Cannabis Buyer's Cooperative, et al., No. 00-151 (U.S. Supreme Court) (532 U.S. 483; 121 S.Ct. 1711) (May 14, 2001) (Justice Thomas)
Article • May 16, 2001 • from P&J April, 2001
Filed under: Punch And Jurists, Marijuana Laws/Issues
U.S. v. Oakland Cannabis Buyer's Cooperative, et al., No. 00-151 (U.S. Supreme Court) (532 U.S. 483; 121 S.Ct. 1711) (May 14, 2001) (Justice Thomas) by Here the Court held that that medical necessity is not a defense to criminal charges for manufacturing and distributing marijuana; although the decision left open …
Wardius v. Oregon, No. 71-6042 (U.S. Supreme Court) (412 U.S. 470; 93 S.Ct. 2208) (June 11, 1973) (Justice Marshall)
Article • May 14, 2001
Filed under: Punch And Jurists
Wardius v. Oregon, No. 71-6042 (U.S. Supreme Court) (412 U.S. 470; 93 S.Ct. 2208) (June 11, 1973) (Justice Marshall) by In this case, dealing with pre-trial discovery, Oregon prevented a criminal defendant from introducing any evidence to support his alibi defense as a sanction for his failure to comply with …
Ybarra v. Illinois, No. 78-5937 (U.S. Supreme Court) (444 U.S. 85; 100 S.Ct. 338) (November 28, 1979) (Justice Stewart)
Article • May 2, 2001
Filed under: Punch And Jurists, Probable/Proximate Cause
Ybarra v. Illinois, No. 78-5937 (U.S. Supreme Court) (444 U.S. 85; 100 S.Ct. 338) (November 28, 1979) (Justice Stewart) by In this case, the Supreme Court held that an Illinois statute that authorized law enforcement officers to detain and search any person found on premises being searched pursuant to a …
Brannigan v. U.S., No. 01-1335 (7th Cir.) (249 F.3d 584) (March 14, 2001) (Judge Frank H. Easterbrook)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists
Brannigan v. U.S., No. 01-1335 (7th Cir.) (249 F.3d 584) (March 14, 2001) (Judge Frank H. Easterbrook) by Here the Court held that a Court of Appeals must deny a successive habeas application that presents a claim omitted from a prior petition, unless that claim was "previously unavailable" to the …
Henrikson v. Guzik, No. 00-10810 (5th Cir.) (249 F.3d 395) (April 24, 2001) (Judge Will L. Garwood)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance
Henrikson v. Guzik, No. 00-10810 (5th Cir.) (249 F.3d 395) (April 24, 2001) (Judge Will L. Garwood) by In this case, the Fifth Circuit invalidated a Bureau of Prisons Program Statement and ruled that a federal statute that requires the Bureau of Prisons to notify law enforcement authorities of the …
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