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U.S. v. Strickland, No. 99-4855 (4th Cir.) (245 F.3d 368) (April 3, 2001) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists

U.S. v. Strickland, No. 99-4855 (4th Cir.) (245 F.3d 368) (April 3, 2001) (Judge Paul V. Niemeyer) by

U.S. v. Wolfe, No. 00-1942 (3rd Cir.) (245 F.3d 257) (March 29, 2001) (Judge Robert E. Cowen)

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

Filed under: Punch And Jurists, Threats

U.S. v. Wolfe, No. 00-1942 (3rd Cir.) (245 F.3d 257) (March 29, 2001) (Judge Robert E. Cowen) by

Penry v. Johnson, No. 00-391 (U.S. Supreme Court) (532 U.S. 782; 121 S.Ct. 1910) (June 4, 2001) (Justice O'Connor)

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

Filed under: Punch And Jurists

Penry v. Johnson, No. 00-391 (U.S. Supreme Court) (532 U.S. 782; 121 S.Ct. 1910) (June 4, 2001) (Justice O'Connor) by This high profile decision marks the second time that the Supreme Court has vacated the death sentence of Johnny Paul Penry. In 1979, Penry committed a brutal murder in Texas. …

U.S. v. Lopez-Pastrana, No. 00-10146 (9th Cir.) (244 F.3d 1025) (March 28, 2001) (Judge Joseph T. Sneed)

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

Filed under: Punch And Jurists, Shoplifting

U.S. v. Lopez-Pastrana, No. 00-10146 (9th Cir.) (244 F.3d 1025) (March 28, 2001) (Judge Joseph T. Sneed) by The defendant in this case was convicted of illegal re-entry into the U.S. after a prior deportation, in violation of 8 U.S.C. § 1326. At his sentencing, the district court concluded that …

Reynolds v. Cambra, No. CV977048CBMAJW (C.D.Cal.) (136 F.Supp.2d 1071) (March 9, 2001) (Judge Consuelo Bland Marshall)

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

Filed under: Punch And Jurists

Reynolds v. Cambra, No. CV977048CBMAJW (C.D.Cal.) (136 F.Supp.2d 1071) (March 9, 2001) (Judge Consuelo Bland Marshall) by In this case, Judge Consuelo B. Marshall concluded that "the rule announced in Apprendi falls within the second exception of Teague [v. Lane, 489 U.S. 288 (1989)]" - which is reserved for "watershed …

Glaspy v. Malicoat, No. 1:99-CV-117 (W.D.Mich.) (134 F.Supp.2d 890) (February 12, 2001) (Judge Gordon J. Quist)

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

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

Glaspy v. Malicoat, No. 1:99-CV-117 (W.D.Mich.) (134 F.Supp.2d 890) (February 12, 2001) (Judge Gordon J. Quist) by Here the Court denied the defense of qualified immunity to prison officials and awarded $5,000 in compensatory damages and $5,000 in punitive damages to a prison visitor who was denied access to a …

U.S. v. Davis, No. 00-2281 (1st Cir.) (247 F.3d 322) (May 3, 2001) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Davis, No. 00-2281 (1st Cir.) (247 F.3d 322) (May 3, 2001) (Judge Sandra L. Lynch) by Here the Court held that even substantial assistance with government aims does not alone raise an inference that the government's failure to file a substantial assistance motion was improperly motivated.

U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle)

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

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

U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle) by Here the Court held that a defendant who receives guns in exchange for drugs does not per se “use” the gun within the meaning of 18 U.S.C. § 924(c) which prohibits the …

Duncan v. Walker, No. 00-121 (U.S. Supreme Court) (533 U.S. 167; 121 S.Ct. 2120) (June 18, 2001) (Justice O'Connor)

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

Filed under: Punch And Jurists

Duncan v. Walker, No. 00-121 (U.S. Supreme Court) (533 U.S. 167; 121 S.Ct. 2120) (June 18, 2001) (Justice O'Connor) by On April 24, 1996, most of the “limit-habeas-corpus-review” provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) became effective - and the courts are still debating what …

U.S. v. Bennett, No. 00-1330 (2nd Cir.) (252 F.3d 559) (May 31, 2001) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Actions by Third Parties

U.S. v. Bennett, No. 00-1330 (2nd Cir.) (252 F.3d 559) (May 31, 2001) (Judge Jon O. Newman) by In this case, the Second Circuit reversed the decision of District Judge John Martin of the S.D.N.Y. to impose a ten year upward departure in the sentence of a defendant convicted of …

U.S. v. Clymore, No. 00-2160 (10th Cir.) (245 F.3d 1195) (April 13, 2001) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Clymore, No. 00-2160 (10th Cir.) (245 F.3d 1195) (April 13, 2001) (Per Curiam) by

U.S. v. White, No. 00-2318 (10th Cir.) (244 F.3d 1199) (March 27, 2001) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. White, No. 00-2318 (10th Cir.) (244 F.3d 1199) (March 27, 2001) (Judge John C. Porfilio) by In this case the Court overturned a special condition of probation requiring that the defendant "shall not possess a computer with Internet access throughout his period of supervised release." (Id., at 1201). …

Booth v. Churner, No. 99-1964 (U.S. Supreme Court) (532 U.S. 731; 121 S.Ct. 1819) (May 29, 2001) (Justice Souter)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Booth v. Churner, No. 99-1964 (U.S. Supreme Court) (532 U.S. 731; 121 S.Ct. 1819) (May 29, 2001) (Justice Souter) by Here the Court resolved a long-standing Circuit split and held that 42 USC § 1997e(a) requires a prisoner to exhaust all available prison grievance procedures before commencing suit in Federal …

Arkansas v. Sullivan, No. 00-262 (U.S. Supreme Court) (532 U.S. 769; 121 S.Ct. 1876) (May 29, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Pretextual Stops

Arkansas v. Sullivan, No. 00-262 (U.S. Supreme Court) (532 U.S. 769; 121 S.Ct. 1876) (May 29, 2001) (Per Curiam) by This brief per curiam order, which received surprisingly little coverage in the press, is both important and noteworthy because of its strong affirmation of the Supreme Court’s obvious lack of …

Saucier v. Katz, No. 99-1977 (U.S. Supreme Court) (533 U.S. 194; 121 S.Ct. 2151) (June 18, 2001) (Justice Kennedy)

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

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

Saucier v. Katz, No. 99-1977 (U.S. Supreme Court) (533 U.S. 194; 121 S.Ct. 2151) (June 18, 2001) (Justice Kennedy) by In this rather complex and wordy decision, the Supreme Court held that an officer may be immune from damages even if the court has found him liable under an entirely …

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (251 F.3d 1041) (June 12, 2001) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Fields, No. 99-3138 (D.C. Cir.) (251 F.3d 1041) (June 12, 2001) (Judge Harry T. Edwards) by In its earlier decision in this drug case (U.S. v. Fields, 242 F.3 393 (D.C.Cir. 2001) (Fields I) (P&J, 02/19/01)), the D.C. Circuit became the first Circuit court to hold that the …

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (253 F.3d 359) (June 5, 2001) (Judge Alex Kozinski)

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

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

Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (253 F.3d 359) (June 5, 2001) (Judge Alex Kozinski) by On August 22, 1992, at a remote spot in northern Idaho known as Ruby Ridge, a weeklong standoff between white supremacist Randy Weaver and federal agents ended in a shootout during which an …

U.S. v. Rodgers, No. 00-1030 (7th Cir.) (245 F.3d 961) (April 5, 2001) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists

U.S. v. Rodgers, No. 00-1030 (7th Cir.) (245 F.3d 961) (April 5, 2001) (Judge Ilana Diamond Rovner) by

U.S. v. Duarte, No. 00-1136 (1st Cir.) (246 F.3d 56) (April 17, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Duarte, No. 00-1136 (1st Cir.) (246 F.3d 56) (April 17, 2001) (Judge Bruce M. Selya) by In this case the defendant objected to the imposition of his 151 month sentence for drug dealing on the grounds that it violated the rule established by the Supreme Court in Apprendi …

U.S. v. Martinez, No. 99-2025 (6th Cir.) (253 F.3d 251) (June 14, 2001) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Martinez, No. 99-2025 (6th Cir.) (253 F.3d 251) (June 14, 2001) (Judge Nathaniel R. Jones) by Here, on their direct appeal, the defendants argued that their sentences of 240 months and 210 months, respectively, violated the Apprendi rule. Because that issue was not raised at the district court, …