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U.S. v. Yu, No. 01-1222 (2nd Cir.) (285 F.3d 192) (March 25, 2002) (Judge Dennis G. Jacobs)

Article • April 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Yu, No. 01-1222 (2nd Cir.) (285 F.3d 192) (March 25, 2002) (Judge Dennis G. Jacobs) by Here the Court vacated a sentence after holding it was error, under Apprendi, for the district court to permit defendant to plead guilty to quantity-specific drug charges while refusing to allocute to …

Moss v. Hofbauer, No. 00-1518 (6th Cir.) (286 F.3d 851) (April 12, 2002) (Judge Ronald Lee Gilman)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Burden of Proof

Moss v. Hofbauer, No. 00-1518 (6th Cir.) (286 F.3d 851) (April 12, 2002) (Judge Ronald Lee Gilman) by The petitioner in this case, Kim Moss, was convicted in 1985 by a Michigan state court jury of first degree murder; and he was sentenced to life imprisonment without the possibility of …

O'Neal v. McAninch, No. 93-7407 (U.S. Supreme Court) (513 U.S. 432; 115 S.Ct. 992) (February 21, 1995) (Justice Breyer)

Article • February 3, 2002

Filed under: Punch And Jurists, Burden of Proof

O'Neal v. McAninch, No. 93-7407 (U.S. Supreme Court) (513 U.S. 432; 115 S.Ct. 992) (February 21, 1995) (Justice Breyer) by In this case Robert O'Neal filed a federal habeas corpus petition challenging his state-court convictions for murder and other crimes. The Federal District Court agreed with several of his claims …

U.S. v. Norris, No. 01-1347L (2nd Cir.) (281 F.3d 357) (February 19, 2002) (Judge Jon O. Newman)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Norris, No. 01-1347L (2nd Cir.) (281 F.3d 357) (February 19, 2002) (Judge Jon O. Newman) by The Second Circuit has finally addressed the late Judge Nickerson’s two earlier Apprendi decisions in this case (reported at 128 F.Supp.2d 739 (E.D.N.Y. 2001) (P&J, 1/22/01) and 143 F.Supp.2d 243 (E.D.N.Y. 2001) …

U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch) by Among the many issues raised in this RICO and VICAR prosecution of two alleged members of La Cosa Nostra, were two claims based on Apprendi v. New Jersey, which the Court summarized …

U.S. v. Henry, No. 01-2486 (3rd Cir.) (282 F.3d 242) (March 4, 2002) (Judge Edward R. Becker)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Henry, No. 01-2486 (3rd Cir.) (282 F.3d 242) (March 4, 2002) (Judge Edward R. Becker) by Here the Court held that where a defendant in a drug case entered a pre-Apprendi plea to a “generic crime of possession of a drug with intent to distribute,” he retained the …

U.S. v. Marolf, No. 00-55730 (9th Cir.) (277 F.3d 1156) (January 17, 2002) (Judge Raymond C. Fisher)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Marolf, No. 00-55730 (9th Cir.) (277 F.3d 1156) (January 17, 2002) (Judge Raymond C. Fisher) by In this case, after the five year statute of limitations for the Government to commence judicial forfeiture proceedings had expied (see 19 U.S.C. § 1621), the claimant, Gary Marolf, filed a motion …

U.S. v. Hough, No. 00-3380 (6th Cir.) (276 F.3d 884) (January 16, 2002) (Judge R. Guy Jr. Cole)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hough, No. 00-3380 (6th Cir.) (276 F.3d 884) (January 16, 2002) (Judge R. Guy Jr. Cole) by Here the Court affirmed its rule that Apprendi does not require the jury to determine the precise amount of drugs in every case unless the quantity alleged threatens a penalty that …

U.S. v. Jenkins, No. 01-1292 (3rd Cir.) (275 F.3d 283) (December 20, 2001) (Judge Anthony J. Scirica)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jenkins, No. 01-1292 (3rd Cir.) (275 F.3d 283) (December 20, 2001) (Judge Anthony J. Scirica) by

U.S. v. Ortlieb, No. 00-30895 (5th Cir.) (274 F.3d 871) (November 27, 2001) (Judge Richard A. Schell)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ortlieb, No. 00-30895 (5th Cir.) (274 F.3d 871) (November 27, 2001) (Judge Richard A. Schell) by While representing one of the defendants during the course of a six-week trial in this case, defense attorney Michael S. Fawer of Covington, LA became embroiled in a number of arguments and …

U.S. v. Mulder, No. 99-1516 (2nd Cir.) (273 F.3d 91) (November 1, 2001) (Judge Rosemary S. Pooler)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Mulder, No. 99-1516 (2nd Cir.) (273 F.3d 91) (November 1, 2001) (Judge Rosemary S. Pooler) by This is a case that shows the importance of staying on top of the inordinately complex rules that often apply when district courts attempt to use “relevant conduct” and uncharged crimes as …

U.S. v. Harrison, No. 99-4417 (4th Cir.) (272 F.3d 220) (November 16, 2001) (Judge Roger L. Gregory)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harrison, No. 99-4417 (4th Cir.) (272 F.3d 220) (November 16, 2001) (Judge Roger L. Gregory) by Here the defendants were convicted of armed bank robbery and of using or carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). At sentencing, the district …

U.S. v. Alvarez, No. 00-1285 (6th Cir.) (266 F.3d 587) (September 28, 2001) (Judge Joseph M. Hood)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Alvarez, No. 00-1285 (6th Cir.) (266 F.3d 587) (September 28, 2001) (Judge Joseph M. Hood) by Here the 6th Circuit rejected an Apprendi challenge to a life sentence based on the district court's finding of an intentional killing during a drug conspiracy under 21 USC § 848(e)(1)(A) stating …

U.S. v. Schulte, No. 00-3301 (6th Cir.) (264 F.3d 656) (September 4, 2001) (Judge Thomas A. Jr. Wiseman)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Schulte, No. 00-3301 (6th Cir.) (264 F.3d 656) (September 4, 2001) (Judge Thomas A. Jr. Wiseman) by One of the issues raised on appeal be the defendant in this case was that the sentencing enhancements increasing his sentence were improperly applied in light of Apprendi. The defendant conceded …

U.S. v. Smith, No. 99-40844 (5th Cir.) (264 F.3d 518) (August 28, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Smith, No. 99-40844 (5th Cir.) (264 F.3d 518) (August 28, 2001) (Per Curiam) by Here, in remand from the Supreme Court, the 5th Circuit held that the district court plainly erred when it failed to submit to the jury drug quantity as an element of the offense and …

U.S. v. Cathey, No. 00-10414 (5th Cir.) (259 F.3d 365) (July 19, 2001) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Cathey, No. 00-10414 (5th Cir.) (259 F.3d 365) (July 19, 2001) (Judge Patrick E. Higginbotham) by Here the Court held that even though a jury fails to make a specific finding and acquits the defendant of causing the death of another, for purposes of sentencing on other charges, …

U.S. v. Gonzalez-Gonzalez, No. 00-2014 (1st Cir.) (258 F.3d 16) (July 19, 2001) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Gonzalez-Gonzalez, No. 00-2014 (1st Cir.) (258 F.3d 16) (July 19, 2001) (Judge Sandra L. Lynch) by As stated by the Court: "This case presents a question this court previously reserved: what is the standard to be applied to a criminal defendant's motion for a new trial where the …

U.S. v. Titchell, No. 00-3193 (3rd Cir.) (261 F.3d 348) (August 16, 2001) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Titchell, No. 00-3193 (3rd Cir.) (261 F.3d 348) (August 16, 2001) (Judge Marjorie O. Rendell) by Here the Court rejected a claim that Apprendi required that certain factors that affected the defendant's sentence for a mail fraud conviction had to be submitted to the jury since the ultimate …

U.S. v. $10,700 in U.S. Currency, No. 00-1635 (3rd Cir.) (258 F.3d 215) (July 19, 2001) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. $10,700 in U.S. Currency, No. 00-1635 (3rd Cir.) (258 F.3d 215) (July 19, 2001) (Judge Marjorie O. Rendell) by The claimants in this case, Allan Johnson and Jermaine Thomas, were stopped for a traffic violation while driving in a highway outside of Wilmington, DE. The police officer became …

U.S. v. Randle, No. 97-20360 (5th Cir.) (259 F.3d 319) (July 17, 2001) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Randle, No. 97-20360 (5th Cir.) (259 F.3d 319) (July 17, 2001) (Judge Edith H. Jones) by Here, on remand from the Supreme Court, the Court vacated a sentence imposed in a drug case where the jury was "not even inferentially asked" to determine the quantity of drugs - …