Search | Punch and Jurists

U.S. v. Resendez-Mendez, No. 00-40585 (5th Cir.) (251 F.3d 514) (May 15, 2001) (Judge Jacques L. Jr. Weiner)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Resendez-Mendez, No. 00-40585 (5th Cir.) (251 F.3d 514) (May 15, 2001) (Judge Jacques L. Jr. Weiner) by Here the Court vacated a harsher sentence imposed on a defendant following a successful appeal, holding that the court’s subjective reasons for the increased sentence were not sufficient to overcome a …

U.S. v. Adkinson, No. 00-14200 (11th Cir.) (247 F.3d 1289) (April 19, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Adkinson, No. 00-14200 (11th Cir.) (247 F.3d 1289) (April 19, 2001) (Per Curiam) by Here the Eleventh Circuit held that four defendants who were prosecuted in defiance of controlling precedent were entitled to attorneys fees under the Hyde Amendment since the prosecution was the type of vexatious case …

U.S. v. Hernandez, No. 3:94CR779 (N.D.Ohio) (137 F.Supp.2d 919) (March 30, 2001) (Judge John W. Potter)

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

Filed under: Punch And Jurists

U.S. v. Hernandez, No. 3:94CR779 (N.D.Ohio) (137 F.Supp.2d 919) (March 30, 2001) (Judge John W. Potter) by Here Judge Potter concluded that the Apprendi-rule should be applied retroactively to cases on collateral review because it "alters our understanding of the bedrock procedural elements essential to the fairness of a criminal …

U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson)

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

Filed under: Punch And Jurists, Mens Rea Element

U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson) by In this case a divided panel from the Sixth Circuit held that the crime of assaulting a federal officer, in violation of 18 USC 111(a)(1), is a general intent crime and, accordingly, …

U.S. v. Hasan, No. 99-2102 (8th Cir.) (245 F.3d 682) (April 3, 2001) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Hasan, No. 99-2102 (8th Cir.) (245 F.3d 682) (April 3, 2001) (Judge David R. Hansen) by Here a divided en banc court held that, when resentencing a defendant in light of a retroactive amendment to the Guidelines, a district court may not grant a defendant a downward departure …

Borodin v. Ashcroft, No. 01 CV 1433 (E.D.N.Y.) (136 F.Supp.2d 125) (March 21, 2001) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Extradition

Borodin v. Ashcroft, No. 01 CV 1433 (E.D.N.Y.) (136 F.Supp.2d 125) (March 21, 2001) (Judge Eugene H. Nickerson) by http://www.nyed.uscourts.gov/doi/01cv1433mo.pdf.

U.S. v. Campbell, No. CR 98-269 CBM (C.D.Cal.) (134 F.Supp.2d 1104) (February 15, 2001) (Judge Consuelo Bland Marshall)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Campbell, No. CR 98-269 CBM (C.D.Cal.) (134 F.Supp.2d 1104) (February 15, 2001) (Judge Consuelo Bland Marshall) by This case is noted for Judge Marshall's detailed discussion of the meaning of "prevailing party" under the Hyde Amendmednt and her review of the proof required to support an award of …

U.S. v. Strayhorn, No. 99-5203 (6th Cir.) (250 F.3d 462) (May 22, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Strayhorn, No. 99-5203 (6th Cir.) (250 F.3d 462) (May 22, 2001) (Judge Karen Nelson Moore) by Here the Court held that Apprendi applies to findings of fact that trigger a mandatory minimum sentence under 18 USC § 841, even if the sentence actually imposed does not exceed the …

U.S. v. Dove, No. 00-4248 (4th Cir.) (247 F.3d 153) (April 13, 2001) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Criminal Conduct/Purpose

U.S. v. Dove, No. 00-4248 (4th Cir.) (247 F.3d 153) (April 13, 2001) (Judge Karen J. Williams) by Here the Fourth Circuit agreed with a number of other Circuits to have ruled on the issue that relevant conduct under the Guidelines must be criminal conduct - rejecting the Government's contrention …

U.S. v. DeLeon, No. 00-50256 (5th Cir.) (247 F.3d 593) (April 9, 2001) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists

U.S. v. DeLeon, No. 00-50256 (5th Cir.) (247 F.3d 593) (April 9, 2001) (Judge Emilio M. Garza) by

Kowalczyk v. I.N.S., No. 99-9541 (10th Cir.) (245 F.3d 1143) (April 6, 2001) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Estoppel

Kowalczyk v. I.N.S., No. 99-9541 (10th Cir.) (245 F.3d 1143) (April 6, 2001) (Judge Carlos Lucero) by This is one of those snippets of justice that raises eye-brows about the treatment we accord to aliens - while we are quick to tell other nations to treat their immigrants more fairly. …

U.S. v. Banks-Giombetti, No. 00-1869 (7th Cir.) (245 F.3d 949) (March 30, 2001) (Per Curiam)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Banks-Giombetti, No. 00-1869 (7th Cir.) (245 F.3d 949) (March 30, 2001) (Per Curiam) by On the day of his trial for charges stemming from a bank robbery, the defendant in this case entered a guilty plea to the entire indictment. The district court (Judge Lozano), obviously displeased that …

U.S. v. Thomas, No. 99-60241 (5th Cir.) (246 F.3d 438) (March 26, 2001) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Thomas, No. 99-60241 (5th Cir.) (246 F.3d 438) (March 26, 2001) (Judge John M. Jr. Duhé) by In reversing the life sentence that had been imposed on defendant Bertha Weekly, the Court stated: "The District Court sentenced Bertha to life in prison based on the amount of crack …

U.S. v. Green, No. 00-30483 (5th Cir.) (246 F.3d 433) (March 26, 2001) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Green, No. 00-30483 (5th Cir.) (246 F.3d 433) (March 26, 2001) (Judge Harold R. Jr. DeMoss) by In this case, based on the district court's finding that the defendant was reasonably responsible for 180.4 kilograms of cocaine and a minimum of 50,000 tablets of preludes as part if …

U.S. v. Ratcliff, No. 99-4190 (11th Cir.) (245 F.3d 1246) (March 26, 2001) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Amendment/Variance

U.S. v. Ratcliff, No. 99-4190 (11th Cir.) (245 F.3d 1246) (March 26, 2001) (Judge Edward E. Carnes) by

Parise v. U.S., No. 3:95CR00135(PCD) (D.Conn.) (135 F.Supp.2d 345) (March 22, 2001) (Judge Peter C. Dorsey)

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

Filed under: Punch And Jurists

Parise v. U.S., No. 3:95CR00135(PCD) (D.Conn.) (135 F.Supp.2d 345) (March 22, 2001) (Judge Peter C. Dorsey) by Here, on a motion for reconsideration, Judge Dorsey firmly ruled that Apprendi applies retroactively to cases on collateral review because it was a "watershed rule necessary to the fundamental fairiess of the criminal …

U.S. v. Loud Hawk, No. 00-2909 (8th Cir.) (245 F.3d 667) (April 3, 2001) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists, Extreme Conduct or Injury

U.S. v. Loud Hawk, No. 00-2909 (8th Cir.) (245 F.3d 667) (April 3, 2001) (Judge Kermit Edward Bye) by Here the Court held that a defendant's mental illness, psychological condition, substantive abuse, or other ameliorative conditions are irrelevant to a district court's order of an upward departure based on extreme …

U.S. v. Delgado-Reyes, No. 99-2121 (1st Cir.) (245 F.3d 20) (March 29, 2001) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Delgado-Reyes, No. 99-2121 (1st Cir.) (245 F.3d 20) (March 29, 2001) (Judge Frank M. Coffin) by Recently we have seen a number of cases that have emphasized a distinction between “horizontal” and “vertical” departures under the Guidelines. Most of those cases have raised the issue in the context …

U.S. v. Coatoam, No. 00-3001 (6th Cir.) (245 F.3d 553) (March 30, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Coatoam, No. 00-3001 (6th Cir.) (245 F.3d 553) (March 30, 2001) (Judge Karen Nelson Moore) by

U.S. v. Jones, No. 00-2531 (7th Cir.) (245 F.3d 645) (March 28, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jones, No. 00-2531 (7th Cir.) (245 F.3d 645) (March 28, 2001) (Judge Michael S. Kanne) by Here the Court held that where a defendant would be subject to a sentence enhancement anyway due to a prior felony drug conviction, and the current conviction is below the statutory maximum, …