Search | Punch and Jurists

U.S. v. McClain, No. 00-10346 (11th Cir.) (252 F.3d 1279) (May 31, 2001) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. McClain, No. 00-10346 (11th Cir.) (252 F.3d 1279) (May 31, 2001) (Judge Gerald B. Tjoflat) by The two defendants in this case, Ronald McClain and Desmond Tucker, pled guilty to various counts of conspiracy to commit bank fraud stemming from their use of young women to cash more …

U.S. v. Caperna, No. 00-30149 (9th Cir.) (251 F.3d 827) (June 1, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Sentencing Disparity

U.S. v. Caperna, No. 00-30149 (9th Cir.) (251 F.3d 827) (June 1, 2001) (Judge Stephen S. Trott) by While many courts continue to conclude that almost any sentencing disparity between co-defendants is never a valid ground for a sentencing departure, the Ninth Circuit continues to hold that a district court …

U.S. v. Buckendahl, No. 00-1001 (8th Cir.) (251 F.3d 753) (May 31, 2001) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices

U.S. v. Buckendahl, No. 00-1001 (8th Cir.) (251 F.3d 753) (May 31, 2001) (Judge C. Arlen Beam) by This is another of a number of recent cases that have considered whether significant sentencing disparities resulting from different sentencing practices and charging decisions of the U.S. Attorneys Offices can constitute a …

Becker v. Montgomery, No. 00-6374 (U.S. Supreme Court) (532 U.S. 757; 121 S.Ct. 1801) (May 29, 2001) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Jurisdictional Defects

Becker v. Montgomery, No. 00-6374 (U.S. Supreme Court) (532 U.S. 757; 121 S.Ct. 1801) (May 29, 2001) (Justice Ginsburg) by In this case, the petitioner, Dale Becker, a prisoner in Ohio, instituted a pro se civil rights action in a Federal district court, contesting the conditions of his confinement. Upon …

U.S. v. Wilson, No. 99-6348 (10th Cir.) (244 F.3d 1208) (March 29, 2001) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists

U.S. v. Wilson, No. 99-6348 (10th Cir.) (244 F.3d 1208) (March 29, 2001) (Judge Stephanie K. Seymour) by

U.S. v. Sherburne, No. 99-30213 (9th Cir.) (249 F.3d 1121) (May 21, 2001) (Judge M. Margaret McKeown)

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

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

U.S. v. Sherburne, No. 99-30213 (9th Cir.) (249 F.3d 1121) (May 21, 2001) (Judge M. Margaret McKeown) by Here the Ninth Circuit reversed an award of legal fees under the Hyde Amendment, holding that the standard used by the district court which had been approved in other jurisdictions was too …

U.S. v. Banks, No. 99-2031 (6th Cir.) (252 F.3d 801) (May 24, 2001) (Judge Dan Aaron Polster)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Banks, No. 99-2031 (6th Cir.) (252 F.3d 801) (May 24, 2001) (Judge Dan Aaron Polster) by This case is noted as a rare example of a defendant successfully challenging a district court's refusal to grant him a sentence reduction based on acceptance of responsibility, pursuant to U.S.S.G. § …

U.S. v. Wims, No. 98-3684 (11th Cir.) (245 F.3d 1269) (March 28, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Wims, No. 98-3684 (11th Cir.) (245 F.3d 1269) (March 28, 2001) (Per Curiam) by On remand from the Supreme Court in light of Apprendi, the Eleventh Circuit declined to vacate the sentence that had been imposed on the grounds that there was no plain error since the only …

U.S. v. Weston, No. Crim. A. 98-357(EGS) (D.D.C.) (134 F.Supp.2d 115) (March 6, 2001) (Judge Emmet G. Sullivan)

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

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

U.S. v. Weston, No. Crim. A. 98-357(EGS) (D.D.C.) (134 F.Supp.2d 115) (March 6, 2001) (Judge Emmet G. Sullivan) by In this continuing saga of a mentally unbalanced pre-trial defendant accused of killing Capitol Police, the Court ordered his forced medication with antipsychotic medication as medically appropriate to enable him to …

U.S. v. Ortiz, No. 00-1577 (2nd Cir.) (251 F.3d 305) (May 22, 2001) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Ortiz, No. 00-1577 (2nd Cir.) (251 F.3d 305) (May 22, 2001) (Judge Jed S. Rakoff) by Here the Court held that when a sentencing court imposes an enhancement for trial perjury as required by U.S.S.G. § 3C1.1, it is improper to then offset that penalty by granting a …

U.S. v. Rosario, No. Crim. No. 00-645 (E.D.Pa.) (134 F.Supp.2d 661) (March 12, 2001) (Judge Marvin Katz)

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

Filed under: Punch And Jurists, Voluntary Disclosure of Offense

U.S. v. Rosario, No. Crim. No. 00-645 (E.D.Pa.) (134 F.Supp.2d 661) (March 12, 2001) (Judge Marvin Katz) by In denying the defendant's request for a downward departure based on U.S.S.G. § 5K2.16, he Court noted that to grant a departure under that section, "a court must find 1) that the …

U.S. v. Harper, No. 99-6485 (6th Cir.) (246 F.3d 520) (April 6, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harper, No. 99-6485 (6th Cir.) (246 F.3d 520) (April 6, 2001) (Judge Karen Nelson Moore) by Here the Court held that a sentence enhancement for obstruction of justice imposed by the district court based on its findings by a preponderance of the evidence did not violate Apprendi since …

In Re: Sealed Case, No. 00-3057 (D.C. Cir.) (246 F.3d 696) (April 24, 2001) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Burden of Proof

In Re: Sealed Case, No. 00-3057 (D.C. Cir.) (246 F.3d 696) (April 24, 2001) (Judge Stephen F. Williams) by Here the Court held that Apprendi does not require the Government to prove a defendant's gun threat beyond a reasonable doubt in order to impose the four-level sentence enhancement provided for …

Reed v. Ross, No. 83-218 (U.S. Supreme Court) (468 U.S. 1; 104 S.Ct. 2901) (June 27, 1984) (Justice Brennan)

Article • April 18, 2001

Filed under: Punch And Jurists

Reed v. Ross, No. 83-218 (U.S. Supreme Court) (468 U.S. 1; 104 S.Ct. 2901) (June 27, 1984) (Justice Brennan) by The respondent in this case was convicted of first degree murder in 1969. At trial, he claimed lack of malice and self-defense. In accordance with well-settled North Carolina law, the …

McCleskey v. Zant, No. 89-7024 (U.S. Supreme Court) (499 U.S. 467; 111 S.Ct. 1454) (April 16, 1991) (Justice Kennedy)

Article • April 18, 2001

Filed under: Punch And Jurists

McCleskey v. Zant, No. 89-7024 (U.S. Supreme Court) (499 U.S. 467; 111 S.Ct. 1454) (April 16, 1991) (Justice Kennedy) by In this case, the Supreme Court comprehensively addressed the problem of "abuse of writ" presented by sequential habeas filings and it established sweeping changes by reformulating the somewhat nebulous and …

Scarborough v. U.S., No. 75-1344 (U.S. Supreme Court) (431 U.S. 563; 97 S.Ct. 1963) (June 6, 1977) (Justice Marshall)

Article • April 15, 2001

Filed under: Punch And Jurists, Felon in Possession Statute

Scarborough v. U.S., No. 75-1344 (U.S. Supreme Court) (431 U.S. 563; 97 S.Ct. 1963) (June 6, 1977) (Justice Marshall) by Here the court held that in order to convict a felon of unlawful possession of a firearm under the predecessor statute to 18 USC § 922(g)(1) the Government only has …

Rosenberg v. Fleuti, No. 248 (U.S. Supreme Court) (374 U.S. 449; 83 S.Ct. 1804) (June 17, 2063) (Justice Goldberg)

Article • April 10, 2001

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Rosenberg v. Fleuti, No. 248 (U.S. Supreme Court) (374 U.S. 449; 83 S.Ct. 1804) (June 17, 2063) (Justice Goldberg) by In this case the Supreme Court addressed the issue of whether Fleuti's return to the United States from his afternoon trip to Ensenada, Mexico, in August 1956 constituted an "entry" …

McNeil v. Wisconsin, No. 90-5319 (U.S. Supreme Court) (501 U.S. 171; 111 S.Ct. 2204) (June 13, 1991) (Justice Scalia)

Article • April 3, 2001

Filed under: Punch And Jurists, Custodial Interrogations/Statements

McNeil v. Wisconsin, No. 90-5319 (U.S. Supreme Court) (501 U.S. 171; 111 S.Ct. 2204) (June 13, 1991) (Justice Scalia) by In this case the Court affirmed that the Sixth Amendment right to counsel is offense specific, meaning that law enforcement officials may question an indicted defendant who has invoked his …

U.S. v. Duncan, No. 00-2013 (10th Cir.) (242 F.3d 940) (March 9, 2001) (Judge Wade Brorby)

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

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

U.S. v. Duncan, No. 00-2013 (10th Cir.) (242 F.3d 940) (March 9, 2001) (Judge Wade Brorby) by In Re Sealed Case, 244 F.3d 961 (D.C. Cir. 2001) (Judge Edwards) United States v. Duncan, 242 F.3d 940 (10th Cir. 2001) (Judge Brorby) United States v. Johnson, 241 F.3d 1049 (8th Cir. …

U.S. v. Johnson, No. 99-3109 (8th Cir.) (241 F.3d 1049) (February 26, 2001) (Judge C. Arlen Beam)

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

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

U.S. v. Johnson, No. 99-3109 (8th Cir.) (241 F.3d 1049) (February 26, 2001) (Judge C. Arlen Beam) by In Re Sealed Case, 244 F.3d 961 (D.C. Cir. 2001) (Judge Edwards) United States v. Duncan, 242 F.3d 940 (10th Cir. 2001) (Judge Brorby) United States v. Johnson, 241 F.3d 1049 (8th …