Search | Punch and Jurists

U.S. v. Jimenez-Nava, No. 99-11300 (5th Cir.) (243 F.3d 192) (February 26, 2001) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Jimenez-Nava, No. 99-11300 (5th Cir.) (243 F.3d 192) (February 26, 2001) (Judge Edith H. Jones) by The decision in this case contains a detailed analysis of the history of the Vienna Convention and the case law in the other Circuits, all of which have held that suppression of …

Fryer v. U.S., No. 98-4078 (7th Cir.) (243 F.3d 1004) (March 2, 2001) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists

Fryer v. U.S., No. 98-4078 (7th Cir.) (243 F.3d 1004) (March 2, 2001) (Judge Harlington Jr. Wood) by Here the Court held that the Supreme Court's decision in Old Chief v. U.S., 519 U.S. 172 (1997), announced a new constitutional rule of criminal procedure which did not fall within one …

U.S. v. McWaine, No. 99-60265 (5th Cir.) (243 F.3d 871) (January 12, 2001) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. McWaine, No. 99-60265 (5th Cir.) (243 F.3d 871) (January 12, 2001) (Judge W. Eugene Davis) by The defendant in this case filed an Apprendi appeal challenging the life sentence he received on a cocaine conspiracy count. His argument was that the indictment had failed to specify any drug …

U.S. v. Ardley, No. 98-7033 (11th Cir.) (242 F.3d 989) (February 20, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Ardley, No. 98-7033 (11th Cir.) (242 F.3d 989) (February 20, 2001) (Per Curiam) by After the Eleventh Circuit's earlier unpublished decision in this case (reported at 202 F.3d 287 (11th Cir. 2000) (Table) was vacated by the Supreme Court (121 S.Ct. 751 (2001)) and remanded for further review …

U.S. v. Tarkoff, No. 99-13223 (11th Cir.) (242 F.3d 991) (February 20, 2001) (Judge Phyllis A. Kravitch)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Tarkoff, No. 99-13223 (11th Cir.) (242 F.3d 991) (February 20, 2001) (Judge Phyllis A. Kravitch) by The defendant in this case, a criminal defense lawyer, was convicted of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), and two counts of money laundering, in violation …

U.S. v. Latney, No. Cr. No. 95-45-01(TFH) (D.D.C.) (131 F.Supp.2d 31) (February 2, 2001) (Judge Thomas F. Hogan)

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

Filed under: Punch And Jurists

U.S. v. Latney, No. Cr. No. 95-45-01(TFH) (D.D.C.) (131 F.Supp.2d 31) (February 2, 2001) (Judge Thomas F. Hogan) by

U.S. v. Fraser, No. 00-2429SI (8th Cir.) (243 F.3d 473) (March 16, 2001) (Judge Richard S. Arnold)

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

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

U.S. v. Fraser, No. 00-2429SI (8th Cir.) (243 F.3d 473) (March 16, 2001) (Judge Richard S. Arnold) by In this case,q divided panel from the the Eighth Circuit joined with decisions from the 2nd, 7th and 9th Circuits in holding that when calculating the base offense level under U.S.S.G. § …

U.S. v. Francis, No. 98 CR. 606(RPP) (S.D.N.Y.) (129 F.Supp.2d 612) (January 25, 2001) (Judge Robert P. Jr. Patterson)

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

Filed under: Punch And Jurists, Prison Conditions

U.S. v. Francis, No. 98 CR. 606(RPP) (S.D.N.Y.) (129 F.Supp.2d 612) (January 25, 2001) (Judge Robert P. Jr. Patterson) by Here Judge Patterson held that a downward departure at sentencing was warranted in the case of a defendant who was held for some 13 months of his pre-sentence confinement in …

U.S. v. Real Property in Section 9, No. 98-2261 (6th Cir.) (241 F.3d 796) (March 1, 2001) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Civil Asset Forfeiture Reform Act (CAFRA)

U.S. v. Real Property in Section 9, No. 98-2261 (6th Cir.) (241 F.3d 796) (March 1, 2001) (Judge Gilbert S. Merritt) by Here the Court addressed the retroactive application of the Civil Asset Forfeiture Reform Act and held that since the purpose of the Act was "to rectify unfairness and …

Cone v. Bell, No. 99-5279 (6th Cir.) (243 F.3d 961) (March 22, 2001) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Counsel - Constructive denial of

Cone v. Bell, No. 99-5279 (6th Cir.) (243 F.3d 961) (March 22, 2001) (Judge James L. Ryan) by Here the Court granted habeas relief to the Petitioner after concluding that he was denied the effective assistance of counsel in death penalty case under the Sixth Amendment where, at sentencing, his …

U.S. v. U.S. Currency in the Amount of $119,984, No. CV-99-1978 (CPS) (E.D.N.Y.) (129 F.Supp.2d 471) (January 17, 2001) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. U.S. Currency in the Amount of $119,984, No. CV-99-1978 (CPS) (E.D.N.Y.) (129 F.Supp.2d 471) (January 17, 2001) (Judge Charles P. Sifton) by In this case the Government filed a civil forfeiture action to recover money that the claimant, Cesar Castro, had attempted to take out of the country …

Ladner v. U.S., No. 2 (U.S. Supreme Court) (358 U.S. 169; 79 S.Ct. 209) (December 15, 2058) (Justice Brennan)

Article • March 24, 2001

Filed under: Punch And Jurists, Rule of Lenity

Ladner v. U.S., No. 2 (U.S. Supreme Court) (358 U.S. 169; 79 S.Ct. 209) (December 15, 2058) (Justice Brennan) by In this case the Court emasized that the Rule of Lenity is rooted in the due process requirement that Congress clearly articulate what conduct it has made criminal, stating: "'(W)hen …

Neal v. U.S., No. 94-9088 (U.S. Supreme Court) (516 U.S. 284; 116 S.Ct. 763) (January 22, 1996) (Justice Kennedy)

Article • March 12, 2001

Filed under: Punch And Jurists, Drug Mixtures/Purity

Neal v. U.S., No. 94-9088 (U.S. Supreme Court) (516 U.S. 284; 116 S.Ct. 763) (January 22, 1996) (Justice Kennedy) by Like its earlier decision in Chapman v. U.S., 500 U.S. 453 (19910, this case also involved the calculation of the weight of LSD for purposes of sentencing. This time the …

Rideau v. Louisiana, No. 630 (U.S. Supreme Court) (373 U.S. 723; 83 S.Ct. 1417) (June 3, 2063) (Justice Stewart)

Article • March 10, 2001

Filed under: Punch And Jurists, Publicity - Prejudicial

Rideau v. Louisiana, No. 630 (U.S. Supreme Court) (373 U.S. 723; 83 S.Ct. 1417) (June 3, 2063) (Justice Stewart) by The petitioner in this case, Wilbert Rideau, was indicted on March 1, 1961, for the capital murder of Julia Ferguson, a bank employee, on February 16, 1961, in Calcasieu Parish, …

U.S. v. Corral-Gastelum, No. 99-10582 (9th Cir.) (240 F.3d 1181) (March 5, 2001) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

U.S. v. Corral-Gastelum, No. 99-10582 (9th Cir.) (240 F.3d 1181) (March 5, 2001) (Judge Stephen Reinhardt) by In this case the Ninth Circuit reversed a drug trafficking and gun conviction of an alien on the grounds that mere proximity to some duffle bags of marijuana was insufficient to support the …

Securities and Exchange Commision v. Zandford, No. 99-1733 (4th Cir.) (238 F.3d 559) (January 26, 2001) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists

Securities and Exchange Commision v. Zandford, No. 99-1733 (4th Cir.) (238 F.3d 559) (January 26, 2001) (Judge J. Harvie III Wilkinson) by Here, in a decision that was subsequently reversed by the Supreme Court, the Fourth Circuit dismissed a civil suit by the SEC to recover stolen funds on the …

U.S. v. Lora, No. CR. 98-10054-NG (D.Mass.) (129 F.Supp.2d 77) (February 20, 2001) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Lora, No. CR. 98-10054-NG (D.Mass.) (129 F.Supp.2d 77) (February 20, 2001) (Judge Nancy Gertner) by Throughout this opinion, Judge Gertner repeatedly expressed her concern that, because drug sentences are driven primarily by the type and quantity of drugs, “the potential exists for the government, not the court, to …

U.S. v. Davis, No. 99-1246 (2nd Cir.) (239 F.3d 283) (February 6, 2001) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Davis, No. 99-1246 (2nd Cir.) (239 F.3d 283) (February 6, 2001) (Judge John M. Jr. Walker) by Two months after he entered a guilty plea to a bribery charge, the defendant in this case moved pro se to withdraw his guilty plea, claiming that he had been coerced …

U.S. v. Dolah, No. 00-1173(L) (2nd Cir.) (245 F.3d 98) (March 26, 2001) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists

U.S. v. Dolah, No. 00-1173(L) (2nd Cir.) (245 F.3d 98) (March 26, 2001) (Judge Jon O. Newman) by Here the Court rejected a challenge that the Government’s selective grant of immunity to some witnesses, coupled with the introduction of guilty plea allocutions of other witnesses who were not granted immunity, …

U.S. v. Finley, No. 00-1090 (2nd Cir.) (245 F.3d 199) (April 5, 2001) (Judge Wilfred Feinberg)

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

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

U.S. v. Finley, No. 00-1090 (2nd Cir.) (245 F.3d 199) (April 5, 2001) (Judge Wilfred Feinberg) by This case presents another striking example of sentencing factor manipulation - this time involving the prosecution’s use of the mandatory minimum gun statutes as the means of escalating sentences that are already warped …