Search | Punch and Jurists

U.S. v. Smith, No. 00-1590 (8th Cir.) (240 F.3d 732) (January 26, 2001) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Smith, No. 00-1590 (8th Cir.) (240 F.3d 732) (January 26, 2001) (Judge Theodore McMillian) by In this case the defendant Here the Court held that "The district court may determine at sentencing the quantity of drugs involved in the offense for purposes of applying § 841(b), even if …

U.S. v. Edmonds, No. 00-3039 (D.C. Cir.) (240 F.3d 55) (February 27, 2001) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Schoolyard Statute/Drug Protected Locations

U.S. v. Edmonds, No. 00-3039 (D.C. Cir.) (240 F.3d 55) (February 27, 2001) (Judge David B. Sentelle) by In this case, one of the arguments made by the defendant was that the Government had failed to introduce any evidence at trial that the school near which he committed a drug …

U.S. v. Wilson, No. 99-3077 (D.C. Cir.) (240 F.3d 39) (February 23, 2001) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Otherwise Extensive

U.S. v. Wilson, No. 99-3077 (D.C. Cir.) (240 F.3d 39) (February 23, 2001) (Judge Stephen F. Williams) by Here, adopting the position taken by the 2nd and 3rd Circuits, a divided Court held that the "otherwise extensive" enhancement under USSG § 3B1.1(a) should be defined primarily or solely by the …

Levan v. U.S., No. Civ. 00-2146 (E.D.Pa.) (128 F.Supp.2d 270) (January 18, 2001) (Judge Franklin S. Van Antwerpen)

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

Filed under: Punch And Jurists

Levan v. U.S., No. Civ. 00-2146 (E.D.Pa.) (128 F.Supp.2d 270) (January 18, 2001) (Judge Franklin S. Van Antwerpen) by This decision is noted principally for its detailed review and analysis of whether the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S. 466 (2000) applies retroactively to initial habeas …

Mattis v. Vaughn, No. CIV.A. 99-6533 (E.D.Pa.) (128 F.Supp.2d 249) (January 17, 2001) (Judge Franklin S. Van Antwerpen)

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

Filed under: Punch And Jurists

Mattis v. Vaughn, No. CIV.A. 99-6533 (E.D.Pa.) (128 F.Supp.2d 249) (January 17, 2001) (Judge Franklin S. Van Antwerpen) by

U.S. v. Parolin, No. 00-1676 (7th Cir.) (239 F.3d 922) (February 12, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Parolin, No. 00-1676 (7th Cir.) (239 F.3d 922) (February 12, 2001) (Judge Joel L. Flaum) by

U.S. v. Huerta, No. 00-1940 (7th Cir.) (239 F.3d 865) (February 2, 2001) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Huerta, No. 00-1940 (7th Cir.) (239 F.3d 865) (February 2, 2001) (Judge Kenneth F. Ripple) by Here the Court held that under 7th Circuit precedent a trial judge is not required to submit the issue of drug quantity to the jury so long as the sentence imposed is …

U.S. v. Smith, No. 99-11377 (11th Cir.) (240 F.3d 927) (January 30, 2001) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 99-11377 (11th Cir.) (240 F.3d 927) (January 30, 2001) (Per Curiam) by

U.S. v. Crawford, No. 99-50803 (9th Cir.) (239 F.3d 1086) (January 23, 2001) (Judge William Haskell Alsup)

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

Filed under: Punch And Jurists

U.S. v. Crawford, No. 99-50803 (9th Cir.) (239 F.3d 1086) (January 23, 2001) (Judge William Haskell Alsup) by

U.S. v. Johnson, No. 4:97CR3002 (D.Neb.) (126 F.Supp.2d 1222) (December 7, 2000) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists

U.S. v. Johnson, No. 4:97CR3002 (D.Neb.) (126 F.Supp.2d 1222) (December 7, 2000) (Judge Richard G. Kopf) by

U.S. v. Williams, No. 00-1129 (7th Cir.) (238 F.3d 871) (January 26, 2001) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Sentence Enhancements/Departures

U.S. v. Williams, No. 00-1129 (7th Cir.) (238 F.3d 871) (January 26, 2001) (Judge Kenneth F. Ripple) by

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer) by This case is noted as a graphic example of what has become a fairly common double whammy at sentencing: a five level swing consisting of a two level sentence enhancement for obstruction …

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Disclosure Obligations

U.S. v. Arambula, No. 99-4302 (7th Cir.) (238 F.3d 865) (January 26, 2001) (Judge William J. Bauer) by Here the Court affirmed the denial of an acceptance of responsibility sentence reduction, even though it also held that it was improper to impose an enhancement for obstruction of justice based on …

U.S. v. Richardson, No. 99-4309 (7th Cir.) (238 F.3d 837) (January 25, 2001) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Richardson, No. 99-4309 (7th Cir.) (238 F.3d 837) (January 25, 2001) (Judge Richard A. Posner) by Here, although the Court questioned why possession of child pornography under USSG § 2G2.4 is punished differently than receiving child pornography under USSG § 2G2.2, it. The defendant in this case pled …

U.S. v. Diaz, No. 00-3168 (3rd Cir.) (245 F.3d 294) (March 30, 2001) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Applicable Guidelines Issues

U.S. v. Diaz, No. 00-3168 (3rd Cir.) (245 F.3d 294) (March 30, 2001) (Judge Jane R. Roth) by This case is noted for its extended discussion of Guideline Amendment 591, which became effective on November 1, 2000, and which is significant because it changed the method of determining the proper …

U.S. v. James, No. 99-390PWG (D.Md.) (128 F.Supp.2d 291) (January 18, 2001) (Judge Magistrate)

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

Filed under: Punch And Jurists, Marital Privilege

U.S. v. James, No. 99-390PWG (D.Md.) (128 F.Supp.2d 291) (January 18, 2001) (Judge Magistrate) by This case is noted for its review of the current parameters of the marital testimony privilege. The spousal privilege was both deep-seated and virtually absolute under the common law, but (as this case shows) it …

U.S. v. Pratt, No. 99-4424 (4th Cir.) (239 F.3d 640) (February 7, 2001) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Pratt, No. 99-4424 (4th Cir.) (239 F.3d 640) (February 7, 2001) (Judge Diana Gribbon Motz) by Here the Fourth Circuit held that there was no Apprendi error in imposing a five year term of supervised release on the defendant under 21 USC § 841(b)(1)(C), disagreeing with the 5th …

Sorrells v. U.S., No. 177 (U.S. Supreme Court) (287 U.S. 435; 53 S.Ct. 210) (December 19, 2032) (Justice Hughes)

Article • February 26, 2001

Filed under: Punch And Jurists, Predisposition/Inducement

Sorrells v. U.S., No. 177 (U.S. Supreme Court) (287 U.S. 435; 53 S.Ct. 210) (December 19, 2032) (Justice Hughes) by This is the Supreme Court's seminal decision on entrapment, and it held that law enforcement officers, in their zeal to prosecute crimes, may not instigate the crime when the person …

Bartkus v. Illinois, No. 1 (U.S. Supreme Court) (359 U.S. 121; 79 S.Ct. 676) (March 30, 2059) (Justice Frankfurter)

Article • February 17, 2001

Filed under: Punch And Jurists

Bartkus v. Illinois, No. 1 (U.S. Supreme Court) (359 U.S. 121; 79 S.Ct. 676) (March 30, 2059) (Justice Frankfurter) by In this case, an equally divided Supreme Court affirmed the decision of the lower court which held that a second prosecution of the petitioner by the State of Illinois, after …

Hilton v. Braunskill, No. 86-108 (U.S. Supreme Court) (481 U.S. 770; 107 S.Ct. 2113) (May 26, 1987) (Justice Rehnquist)

Article • February 7, 2001

Filed under: Punch And Jurists, Pending Appeal/Sentencing

Hilton v. Braunskill, No. 86-108 (U.S. Supreme Court) (481 U.S. 770; 107 S.Ct. 2113) (May 26, 1987) (Justice Rehnquist) by Here the Court held that in considering what factors a court may look at to determine whether a state prisoner should be released on bail following a grant of habeas …