Search | Punch and Jurists

U.S. v. Brogan, No. 99-1602 (6th Cir.) (238 F.3d 780) (January 31, 2001) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Brogan, No. 99-1602 (6th Cir.) (238 F.3d 780) (January 31, 2001) (Judge Danny J. Boggs) by Here the Court reversed an enhancement for abuse of position of trust imposed on a company's assistant treasurer, stating that even though his position significantly aided the commission of his crime that …

U.S. v. Sanders, No. 00-6281 (4th Cir.) (247 F.3d 139) (April 13, 2001) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists

U.S. v. Sanders, No. 00-6281 (4th Cir.) (247 F.3d 139) (April 13, 2001) (Judge J. Harvie III Wilkinson) by In this case, the Fourth Circuit joined with the Ninth Circuit (and a majority of the district courts) in holding that Apprendi does not apply retroactively to cases on collateral review, …

Abdul-Akbar v. McKelvie, No. 98-7307 (3rd Cir.) (239 F.3d 307) (January 29, 2001) (Judge Ruggero J. Aldisert)

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

Filed under: Punch And Jurists, Imminent Danger Exception

Abdul-Akbar v. McKelvie, No. 98-7307 (3rd Cir.) (239 F.3d 307) (January 29, 2001) (Judge Ruggero J. Aldisert) by As explained by the majority in this case: "The primary issue for decision is whether we should overrule the holding of Gibbs v. Roman, 116 F.3d 83 (3d Cir. 1997), interpreting 28 …

U.S. v. Hirsch, No. 99-1758 (2nd Cir.) (239 F.3d 221) (January 17, 2001) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hirsch, No. 99-1758 (2nd Cir.) (239 F.3d 221) (January 17, 2001) (Judge Robert D. Sack) by Here the Court held that an attempt to withdraw a guilty plea on issues that relate directly to guilt justifies a refusal to grant a sentencing departure for acceptance of responsibility under …

U.S. v. White, No. 99-4578 (4th Cir.) (238 F.3d 537) (February 1, 2001) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. White, No. 99-4578 (4th Cir.) (238 F.3d 537) (February 1, 2001) (Judge William W. Jr. Wilkins) by In this drug case, involving a conspiracy count and a possession with intent to distribute count, the Court held that the use of consecutive sentences pursuant to USSG § 5G1.2(d) under …

U.S. v. Brough, No. 00-2695 (7th Cir.) (243 F.3d 1078) (March 22, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Brough, No. 00-2695 (7th Cir.) (243 F.3d 1078) (March 22, 2001) (Judge Frank H. Easterbrook) by Adhering to the rigid line of anti-Apprendi decisions from the Seventh Circuit, the Court in the instant case (a) rejected a constitutional challenge to the provisions of 21 U.S.C. § 841 (that …

Texas v. Cobb, No. 99-1702 (U.S. Supreme Court) (532 U.S. 162; 121 S.Ct. 1335) (April 2, 2001) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Texas v. Cobb, No. 99-1702 (U.S. Supreme Court) (532 U.S. 162; 121 S.Ct. 1335) (April 2, 2001) (Justice Rehnquist) by Proving once again that the rights of criminal defendants are often determined by word games played on slippery slopes, a sharply divided Supreme Court held last week that a criminal …

Doe v. Otte, No. 99-35845 (9th Cir.) (248 F.3d 832) (April 9, 2001) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Megan's Laws

Doe v. Otte, No. 99-35845 (9th Cir.) (248 F.3d 832) (April 9, 2001) (Judge Stephen Reinhardt) by Here the Court held that Alaska’s version of Megan’s Law, requiring registration of convicted sex offenders, violated the Ex Post Facto Clause; and it reviewed some of the legal and social issues raised …

U.S. v. Harris, No. 00-4154 (4th Cir.) (243 F.3d 806) (March 20, 2001) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Harris, No. 00-4154 (4th Cir.) (243 F.3d 806) (March 20, 2001) (Judge Diana Gribbon Motz) by Here the Court held that, based on the language, structure, context, and history of 18 USC § 924(c)(1)(A), an enhancement for "brandishing" a gun is a sentencing factor, not an element of …

Garrott v. U.S., No. 99-2921 (7th Cir.) (238 F.3d 903) (January 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists

Garrott v. U.S., No. 99-2921 (7th Cir.) (238 F.3d 903) (January 30, 2001) (Per Curiam) by

U.S. v. Sicher, No. 00-1862 (3rd Cir.) (239 F.3d 289) (December 15, 2000) (Judge Maryanne Trump Barry)

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

Filed under: Punch And Jurists, Travel Restrictions

U.S. v. Sicher, No. 00-1862 (3rd Cir.) (239 F.3d 289) (December 15, 2000) (Judge Maryanne Trump Barry) by This is one of those cases that shows the great and abiding concern of a benevolent government for the care and well-being of its huge numbers of ex-felons. The defendant in this …

U.S. v. Noble, No. 99-2899 (7th Cir.) (246 F.3d 946) (April 5, 2001) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Noble, No. 99-2899 (7th Cir.) (246 F.3d 946) (April 5, 2001) (Judge William J. Bauer) by Here the Court reversed a sentence based on Apprendi, holding that the limited physical evidence and minimal corroborating testimony available in this case warranted reversal under the “seriously affecting fairness” standard. To …

U.S. v. Flemmi, No. 00-1968 (1st Cir.) (245 F.3d 24) (March 30, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Flemmi, No. 00-1968 (1st Cir.) (245 F.3d 24) (March 30, 2001) (Judge Bruce M. Selya) by This decision is another chapter in the explosive, headline-grabbing saga that resulted from an “unholy alliance” between Stephen J. Flemmi and the FBI. Flemmi, who the First Circuit has described as “one …

U.S. v. Butler, No. 00-2085 (8th Cir.) (238 F.3d 1001) (January 30, 2001) (Judge Allyne R. Ross)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Butler, No. 00-2085 (8th Cir.) (238 F.3d 1001) (January 30, 2001) (Judge Allyne R. Ross) by Here the Court held that the fact that the amount of marijuana possessed by the defendant was neither alleged in his indictment nor determined by the jury rose to the level of …

Ferguson v. City of Charleston, No. 99-936 (U.S. Supreme Court) (532 U.S. 67; 121 S.Ct. 1281) (March 21, 2001) (Justice Stevens)

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

Filed under: Punch And Jurists, Special Needs Exception

Ferguson v. City of Charleston, No. 99-936 (U.S. Supreme Court) (532 U.S. 67; 121 S.Ct. 1281) (March 21, 2001) (Justice Stevens) by In 1999, a divided panel from the Fourth Circuit approved a controversial drug testing program of pregnant women in South Carolina, which required the disclosure of drug abuse …

U.S. v. Craven, No. 00-1740 (1st Cir.) (239 F.3d 91) (February 6, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Extraordinary Rehabilitation

U.S. v. Craven, No. 00-1740 (1st Cir.) (239 F.3d 91) (February 6, 2001) (Judge Bruce M. Selya) by Here the Court observed that downward departures for presentence rehabilitation are "hen's teeth rare, and our precedent makes clear that such departures should be granted sparingly". One of the issues addressed in …

Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (240 F.3d 1185) (January 31, 2001) (Judge Harry Pregerson)

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

Filed under: Excessive Force, Punch And Jurists

Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (240 F.3d 1185) (January 31, 2001) (Judge Harry Pregerson) by In this case, the Ninth Circuit held that the district court had erred in holding that the use of pepper spray on non-violent demonstrators at an environmental protest against …

Mapp v. Reno, No. 99-2735 (2nd Cir.) (241 F.3d 221) (February 23, 2001) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists

Mapp v. Reno, No. 99-2735 (2nd Cir.) (241 F.3d 221) (February 23, 2001) (Judge Guido Calabresi) by In this case a resident alien petitioned for a writ of habeas corpus challenging an order of removal issued by the INS on the grounds that he had been convicted of two crimes …

U.S. v. Christopher, No. 00-10899 (11th Cir.) (239 F.3d 1191) (January 22, 2001) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Christopher, No. 00-10899 (11th Cir.) (239 F.3d 1191) (January 22, 2001) (Judge Joel F. Dubina) 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. Prior to the instant conviction he had previously …

U.S. v. Pease, No. 99-2301 (11th Cir.) (240 F.3d 938) (January 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Pease, No. 99-2301 (11th Cir.) (240 F.3d 938) (January 30, 2001) (Per Curiam) by