Search | Punch and Jurists

U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (143 F.Supp.2d 243) (April 28, 2001) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Norris, No. 97 CR 705-01 (E.D.N.Y.) (143 F.Supp.2d 243) (April 28, 2001) (Judge Eugene H. Nickerson) by This Memorandum and Order amends and augments Judge Nickerson’s earlier ruling, reported at 128 F.Supp.2d 739 (E.D.N.Y. 2001) (Norris I) (P&J, 1/22/01), in which he suggested that, at sentencing, he was …

Atwater v. Lago Vista, No. 99-1408 (U.S. Supreme Court) (532 U.S. 318; 121 S.Ct. 1536) (April 24, 2001) (Justice Souter)

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

Filed under: Punch And Jurists, Warrants

Atwater v. Lago Vista, No. 99-1408 (U.S. Supreme Court) (532 U.S. 318; 121 S.Ct. 1536) (April 24, 2001) (Justice Souter) by Here by a narrow 5 to 4 margin, the Court held that the Fourth Amendment does not forbid a warrantless arrest for minor criminal offenses - even when the …

U.S. v. Thomas, No. 98-1051 (2nd Cir.) (248 F.3d 76) (April 25, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Thomas, No. 98-1051 (2nd Cir.) (248 F.3d 76) (April 25, 2001) (Per Curiam) by On remand from the Supreme Court, the Second Circuit agreed to rehear this drug sentencing case en banc because of its "exceptional importance"; and it requested the parties to address three specific questions. This …

U.S. v. Scott, No. 99-3182 (8th Cir.) (243 F.3d 1103) (March 23, 2001) (Judge James B. Loken)

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

Filed under: Punch And Jurists

U.S. v. Scott, No. 99-3182 (8th Cir.) (243 F.3d 1103) (March 23, 2001) (Judge James B. Loken) by

U.S. v. Greenfield, No. 98-3133 (D.C. Cir.) (244 F.3d 158) (April 6, 2001) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists

U.S. v. Greenfield, No. 98-3133 (D.C. Cir.) (244 F.3d 158) (April 6, 2001) (Judge Merrick B. Garland) by In this case the Court affirmed the district court's decision not to grant a downward departure to a defendant who claimed that his crime of distributing crack cocaine was the result of …

Sorchini v. City of Covina, No. 99-56257 (9th Cir.) (250 F.3d 706) (May 4, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Contempt

Sorchini v. City of Covina, No. 99-56257 (9th Cir.) (250 F.3d 706) (May 4, 2001) (Per Curiam) by Here a divided panel refused to impose any sanction on an attorney who cited an unpublished opinion in a court brief in violation of a Ninth Circuit Rule, finding that counsel "misunderstood …

U.S. v. Harbin, No. 99-3255 (7th Cir.) (250 F.3d 532) (May 8, 2001) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Structural Error

U.S. v. Harbin, No. 99-3255 (7th Cir.) (250 F.3d 532) (May 8, 2001) (Judge Ilana Diamond Rovner) by Here the Court held that the district court committed structural error that was automatically reversible when it permitted the Government to use one of its "saved" peremptory challenges to remove a juror …

U.S. v. Robinson, No. 99-4071 (7th Cir.) (250 F.3d 527) (May 3, 2001) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Robinson, No. 99-4071 (7th Cir.) (250 F.3d 527) (May 3, 2001) (Judge Terrence T. Evans) by Here, once again, the 7th Circuit snubbed the Supreme Court and reaffirmed and reinstated the 100 year sentence that the Supreme Court had vacated "in light of Apprendi," concluding that any error …

U.S. v. Miranda, No. 98-11183 (5th Cir.) (248 F.3d 434) (April 17, 2001) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Miranda, No. 98-11183 (5th Cir.) (248 F.3d 434) (April 17, 2001) (Judge Robert M. Parker) by

U.S. v. Farese, No. 98-4909 (11th Cir.) (248 F.3d 1056) (April 16, 2001) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Farese, No. 98-4909 (11th Cir.) (248 F.3d 1056) (April 16, 2001) (Judge Edward E. Carnes) by The defendants in this case exchanged some $ 1 million of large-denomination bills for small denomination bills, for which they received commissions of approximately $95,000. They pled guilty to one count of …

U.S. v. Peterson, No. 00-1373 (2nd Cir.) (248 F.3d 79) (April 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Peterson, No. 00-1373 (2nd Cir.) (248 F.3d 79) (April 30, 2001) (Per Curiam) by This is a rare case in which the Court vacated a series of exceptionally broad and onerous special conditions of probation that were imposed on a defendant convicted of bank robbery but which were …

U.S. v. Gallego, No. 97-5293 (11th Cir.) (247 F.3d 1191) (April 13, 2001) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Gallego, No. 97-5293 (11th Cir.) (247 F.3d 1191) (April 13, 2001) (Judge Gerald B. Tjoflat) by Here the Court held that where a conviction for one count of conspiracy to distribute at least five kilograms of cocaine subsumes defendant's conviction on other counts of the conspiracy, a sentence …

U.S. v. Davis, No. 00-1952 (8th Cir.) (244 F.3d 666) (March 29, 2001) (Judge Theodore McMillian)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Davis, No. 00-1952 (8th Cir.) (244 F.3d 666) (March 29, 2001) (Judge Theodore McMillian) by In this case, a divided panel from the Eighth Circuit took the rare step of affirming an order by the district court excluding certain DNA evidence as a discovery sanction against the Government, …

U.S. v. Garcia, No. Crim.A. No. 00-216 (E.D.Pa.) (134 F.Supp.2d 424) (March 8, 2001) (Judge Eduardo C. Robreno)

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

Filed under: Punch And Jurists

U.S. v. Garcia, No. Crim.A. No. 00-216 (E.D.Pa.) (134 F.Supp.2d 424) (March 8, 2001) (Judge Eduardo C. Robreno) by In April 2000, the defendant in this case, Jose Garcia, pled guilty to a drug trafficking charge, in violation of 21 U.S.C. § 841(a). He was released on bail, subject to …

U.S. v. Sonsalla, No. 00-3454 (7th Cir.) (241 F.3d 904) (March 1, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, More than Minimal Planning

U.S. v. Sonsalla, No. 00-3454 (7th Cir.) (241 F.3d 904) (March 1, 2001) (Judge Joel L. Flaum) by In the case the Court rejected the defendant's contention that the district court had improperly enhanced his sentence for "more than minimal planning" pursuant to U.S.S.G. § 2F1.1(b)(2)(A), based on a finding …

U.S. v. Patterson, No. 97-3159 (7th Cir.) (241 F.3d 912) (March 2, 2001) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Patterson, No. 97-3159 (7th Cir.) (241 F.3d 912) (March 2, 2001) (Per Curiam) by

U.S. v. Bradford, No. 99-3018 (8th Cir.) (246 F.3d 1107) (April 13, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Bradford, No. 99-3018 (8th Cir.) (246 F.3d 1107) (April 13, 2001) (Per Curiam) by This case is noted for its discussion of two Apprendi issues: a) whether Apprendi requires the jury to determine the facts needed to impose a mandatory minimum; and b) whether, on a remand, the …

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 QUOTE OF THE WEEK - Some of the evils of “fact bargaining.” “Plea bargaining gets away from the facts. First, as is widely recognized, justice is not done when premeditated murder, …

U.S. v. Julian, No. 00-5103 (10th Cir.) (242 F.3d 1245) (March 20, 2001) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Medical Treatment/Expenses

U.S. v. Julian, No. 00-5103 (10th Cir.) (242 F.3d 1245) (March 20, 2001) (Judge Michael R. Murphy) by The defendant in this case committed multiple acts of child sexual abuse and exploitation over a period of many years. As part of his sentence, the defendant was ordered to pay - …

U.S. v. Akins, No. 99-30241 (9th Cir.) (243 F.3d 1199) (March 27, 2001) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Akins, No. 99-30241 (9th Cir.) (243 F.3d 1199) (March 27, 2001) (Judge Dorothy Wright Nelson) by The defendant in this case was charged with violating 18 U.S.C. § 922(g)(9), which makes it a crime for any person "who has been convicted in any court of a misdemeanor crime …