Search | Punch and Jurists

In Re Sealed Case, No. 00-3049 (D.C. Cir.) (244 F.3d 961) (April 10, 2001) (Judge Harry T. Edwards)

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

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

In Re Sealed Case, No. 00-3049 (D.C. Cir.) (244 F.3d 961) (April 10, 2001) (Judge Harry T. Edwards) 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 …

U.S. v. Kloda, No. 00 CR. 879(AKH) (S.D.N.Y.) (133 F.Supp.2d 345) (March 7, 2001) (Judge Alvin K. Hellerstein)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Kloda, No. 00 CR. 879(AKH) (S.D.N.Y.) (133 F.Supp.2d 345) (March 7, 2001) (Judge Alvin K. Hellerstein) by Here the Court granted downward departures to a father and daughter in a tax fraud case based on a combination of factors including family circumstances in a decision that is noteworthy …

U.S. v. Link, No. 99 CR 153 (N.D.Ill.) (122 F.Supp.2d 907) (February 1, 2000) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Link, No. 99 CR 153 (N.D.Ill.) (122 F.Supp.2d 907) (February 1, 2000) (Judge Elaine E. Bucklo) by United States v. Kloda, 133 F.Supp.2d 345 (S.D.N.Y. 2001) (Judge Hellerstein) United States v. Link, 122 F.Supp.2d 907 (N.D.Ill. 2000) (Judge Bucklo) Under the Guidelines, sentencing departures based on family ties …

Robinson v. U.S., No. 00 CIV 7493 (S.D.N.Y.) (129 F.Supp.2d 627) (January 29, 2001) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Burden of Proof

Robinson v. U.S., No. 00 CIV 7493 (S.D.N.Y.) (129 F.Supp.2d 627) (January 29, 2001) (Judge Lewis A. Kaplan) by On October 25, 2000, Judge Kaplan ordered the appointment of counsel in this case to represent the petitioner, James Robinson, in the filing of his first petition to vacate, set aside …

U.S. v. Meshack, No. 99-50669 (5th Cir.) (244 F.3d 367) (March 7, 2001) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Remands/Rehearings/Resentencings

U.S. v. Meshack, No. 99-50669 (5th Cir.) (244 F.3d 367) (March 7, 2001) (Judge Emilio M. Garza) by Here the Court granted a reheariing in part of its previous decision reported at 225 F.3d 556, and amended in minor respects that prior decision, but still concluded that there was no …

U.S. v. Barnes, No. 00-1203 (1st Cir.) (244 F.3d 172) (March 29, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Barnes, No. 00-1203 (1st Cir.) (244 F.3d 172) (March 29, 2001) (Judge Bruce M. Selya) by There were two Apprendi claims raised in this direct appeal. The defendant was convicted of two drug counts involving the illegal importation of cocaine. On appeal, he argued, inter alia, that the …

Ruiz v. U.S., No. 99-20228 (5th Cir.) (243 F.3d 941) (March 20, 2001) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Consent Decrees - Termination of

Ruiz v. U.S., No. 99-20228 (5th Cir.) (243 F.3d 941) (March 20, 2001) (Judge Carl E. Stewart) by Here the Court reversed Judge Justice's decision reported at 37 F.Supp.2d 855 holding that the termination provisions of the PLRA were unconstitutional because they violated the separation of powers and due process …

U.S. v. Nappi, No. 99-6126 (3rd Cir.) (243 F.3d 758) (March 21, 2001) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Nappi, No. 99-6126 (3rd Cir.) (243 F.3d 758) (March 21, 2001) (Judge Marjorie O. Rendell) by Although the Court ultimately held there was no reversible eror, it did hold that when a district court intends to rely on a document other than the PSI at sentencing, it must …

U.S. v. Parker, No. 00-10118 (9th Cir.) (241 F.3d 1114) (March 1, 2001) (Judge Alfred T. Goodwin)

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

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

U.S. v. Parker, No. 00-10118 (9th Cir.) (241 F.3d 1114) (March 1, 2001) (Judge Alfred T. Goodwin) by Here the Court vacated an enhancement pursuant to USSG § 3B1.4 for using a minor to commit the crime on the grounds that the Government had failed to present evidence to show …

U.S. v. Smith, No. 99-4253 (7th Cir.) (250 F.3d 1073) (May 8, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Smith, No. 99-4253 (7th Cir.) (250 F.3d 1073) (May 8, 2001) (Per Curiam) by In January, 2001, some three months after the Supreme Court vacated Anthony Smith’s original 405-month sentence in this drug case and remanded the case back to the Seventh Circuit for reconsideration in light of …

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (242 F.3d 1294) (February 26, 2001) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Sanchez, No. 00-13347 (11th Cir.) (242 F.3d 1294) (February 26, 2001) (Per Curiam) by Here the Court held that the failure of the indictment to allege drug quantity as required by Apprendi was harmless error, since the defendants were sentenced below the statutory maximum; and it also rejected …

Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young)

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

Filed under: Punch And Jurists

Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young) by Here the Court held that it was without authority to permit the petitioner to amend his § 2255 petition to include an Apprendi claim, for a number of reasons including its …

Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young)

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

Filed under: Punch And Jurists, Plea Bargaining

Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young) by This is an extraordinarily blunt and candid decision by Judge Young in which he granted a Certificate of Appealability to consider whether the practice of "fact bargaining" had unduly and unconstitutionally …

U.S. v. Gregory, No. 97-1687 (2nd Cir.) (245 F.3d 160) (April 2, 2001) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Gregory, No. 97-1687 (2nd Cir.) (245 F.3d 160) (April 2, 2001) (Judge Denny Chin) by Here the Court held that a defendant who pleaded guilty to drug distribution offenses could not withdraw his guilty plea after the government declared his cooperation agreement null and void when he was …

U.S. v. Williams, No. 00-1519 (2nd Cir.) (247 F.3d 353) (April 18, 2001) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Williams, No. 00-1519 (2nd Cir.) (247 F.3d 353) (April 18, 2001) (Judge Guido Calabresi) by Here the Second Circuit joined with the Seventh, Eighth and Ninth Circuits in holding that when sentencing a defendant for possession of drugs with intent to distribute it is improper to include in …

U.S. v. Kingsley, No. 98-6274 (6th Cir.) (241 F.3d 828) (March 7, 2001) (Judge Robert B. Krupansky)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Kingsley, No. 98-6274 (6th Cir.) (241 F.3d 828) (March 7, 2001) (Judge Robert B. Krupansky) by Here the Court upheld a special condition of supervised release allowing for random, warrantless searches of the defendant or his property by hisprobation officer as a justifiable means of enforcing the prohibition …

U.S. v. Duffy, No. 99 CR 598 (E.D.N.Y.) (133 F.Supp.2d 213) (March 13, 2001) (Judge Nina Gershon)

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

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Duffy, No. 99 CR 598 (E.D.N.Y.) (133 F.Supp.2d 213) (March 13, 2001) (Judge Nina Gershon) by This is an important decision in which Judge Gershon held that a common provision of the Government’s “standard” proffer agreement that is used in the Eastern District of New York was so …

U.S. v. Buckowich, No. 99-4105 (7th Cir.) (243 F.3d 1081) (March 22, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Buckowich, No. 99-4105 (7th Cir.) (243 F.3d 1081) (March 22, 2001) (Judge Frank H. Easterbrook) by This case involved a defendant who argued that the court should disregard her conviction for money laundering on the grounds that it was atypical money laundering conduct; and that her sentence should …

Earls by Earls v. Bd. of Education, No. 00-6126 (10th Cir.) (242 F.3d 1264) (March 21, 2001) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Special Needs Exception

Earls by Earls v. Bd. of Education, No. 00-6126 (10th Cir.) (242 F.3d 1264) (March 21, 2001) (Judge Stephen H. Anderson) by

U.S. v. Mitchell, No. 99-4272 (6th Cir.) (243 F.3d 953) (March 19, 2001) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Mitchell, No. 99-4272 (6th Cir.) (243 F.3d 953) (March 19, 2001) (Judge Boyce F. Jr. Martin) by In holding that the district court's failure to comply with Rule 32(c)(3)(A) of the Fed.R.Crim.P. required a remand for a new sentencing, the Court rejected the Government's argument that the defendant …