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U.S. v. Liero, No. 02-50026 (9th Cir.) (298 F.3d 1175) (August 15, 2002) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Liero, No. 02-50026 (9th Cir.) (298 F.3d 1175) (August 15, 2002) (Judge Alex Kozinski) by Here the Court rejected a challenge that the Federal statutes, requiring imposition of a term of supervised releasefollowing a sentence of imprisonment (21 U.S.C. § 960 and 18 U.S.C. § 3583(a)), are unconstitutional …

U.S. v. Buckland, No. 99-30285 (9th Cir.) (289 F.3d 558) (May 7, 2002) (Judge Stephen S. Trott)

Article • May 1, 2002 • from P&J August, 2001

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Buckland, No. 99-30285 (9th Cir.) (289 F.3d 558) (May 7, 2002) (Judge Stephen S. Trott) by This decision amends in minor respects the en banc court's prior decision reported at 277 F.3d 1173 (9th Cir. 2002) - but again affirmed that the Supreme Court's decision in Apprendi v. …

Hoang v. Comfort, No. 01-1136 (10th Cir.) (282 F.3d 1247) (March 5, 2002) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Constitutional Challenges

Hoang v. Comfort, No. 01-1136 (10th Cir.) (282 F.3d 1247) (March 5, 2002) (Judge Mary Beck Briscoe) by Here the Court held that section 236(c) of the Immigration and Nationality Act (18 U.S.C. § 1226(c)), which required the mandatory detention of criminal aliens pending administrative removal proceedings, is unconstitutional as …

U.S. v. Handakas, No. 00-1751 (2nd Cir.) (286 F.3d 92) (March 22, 2002) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Handakas, No. 00-1751 (2nd Cir.) (286 F.3d 92) (March 22, 2002) (Judge Dennis G. Jacobs) by Here a divided panel vacated a mail fraud conviction on the grounds that the “honest services” provisions of the statute were unconstitutionally vague as applied and presaged a “breathtaking expansion” of the …

U.S. v. Kirksey, No. 00-CR-80654 (E.D.Mich.) (174 F.Supp.2d 611) (December 4, 2001) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Kirksey, No. 00-CR-80654 (E.D.Mich.) (174 F.Supp.2d 611) (December 4, 2001) (Judge Gerald E. Rosen) by Here the Court held that the general Federal drug laws, 21 U.S.C. §§ 841(b)(1)(A) and (b)(1)(B), were not rendered unconstitutional by the Supreme Court's decision in Apprendi.

U.S. v. Buckland, No. 99-30285 (9th Cir.) (277 F.3d 1173) (January 18, 2002) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Buckland, No. 99-30285 (9th Cir.) (277 F.3d 1173) (January 18, 2002) (Judge Stephen S. Trott) by Here a divided en banc court from the Ninth Circuit reversed a prior panel’s controversial decision and held that Apprendi did not render the provisions of the Government’s principal drug enforcement statute, …

U.S. v. Ford, No. 99-15208 (11th Cir.) (270 F.3d 1346) (October 25, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Ford, No. 99-15208 (11th Cir.) (270 F.3d 1346) (October 25, 2001) (Per Curiam) by Here, on remand from the Suoreme Court, the 11th Circuit affirmed the sentence that the Supreme Court had vacated and held that (a) Apprendi claims are not jurisdictional, and (b) 21 USC § 841(b)(1)(A) …

U.S. v. Kelly, No. 00-2705 (3rd Cir.) (272 F.3d 622) (December 5, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Kelly, No. 00-2705 (3rd Cir.) (272 F.3d 622) (December 5, 2001) (Per Curiam) by As most Apprendi-watchers know, on August 9, 2001, a divided panel from the Ninth Circuit issued a highly controversial ruling to the effect that 21 U.S.C. § 841(b)(1)(A) and (B), two of the main …

U.S. v. McAllister, No. 00-4423 (4th Cir.) (272 F.3d 228) (November 8, 2001) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. McAllister, No. 00-4423 (4th Cir.) (272 F.3d 228) (November 8, 2001) (Judge William W. Jr. Wilkins) by To date, only one appellate court has held that the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000) rendered the Government’s principal drug enforcement statute, 21 U.S.C. …

U.S. v. James, No. 00-3292 (10th Cir.) (257 F.3d 1173) (July 16, 2001) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. James, No. 00-3292 (10th Cir.) (257 F.3d 1173) (July 16, 2001) (Judge Mary Beck Briscoe) by One of the many issues raised on appeal by the defendant in this case was his claim that the Supreme Court’s decision in Apprendi v. New Jersey, 430 U.S. 466 (2000) rendered …

U.S. v. Hitchcock, No. 00-10251 (9th Cir.) (263 F.3d 878) (August 23, 2001) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Hitchcock, No. 00-10251 (9th Cir.) (263 F.3d 878) (August 23, 2001) (Judge Betty Binns Fletcher) by On August 9, 2001, a panel from the Ninth Circuit issued a far reaching decision, when it held, in U.S. v. Buckland, 2001 WL 893440 (9th Cir. 8/9/01) (See, P&J, 7/16/01), that …

U.S. v. Buckland, No. 99-30285 (9th Cir.) (259 F.3d 1157) (August 9, 2001) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Buckland, No. 99-30285 (9th Cir.) (259 F.3d 1157) (August 9, 2001) (Judge A. Wallace Tashima) by Here a divided panel from the Ninth Circuit held that 21 U.S.C. § 841(b)(1)(A) and (B), two of the main provisions of the most commonly used drug statute, are facially unconstitutional under …

Tollett v. Henderson, No. 72-95 (U.S. Supreme Court) (411 U.S. 258; 93 S.Ct. 1602) (April 17, 1973) (Justice Rehnquist)

Article • September 25, 2000

Filed under: Punch And Jurists, Constitutional Challenges

Tollett v. Henderson, No. 72-95 (U.S. Supreme Court) (411 U.S. 258; 93 S.Ct. 1602) (April 17, 1973) (Justice Rehnquist) by Here the Court held that when a defendant pleads guilty, with the advice of counsel, he cannot in a federal habeas corpus proceeding raise independent claims relating to the deprivation …

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Constitutional Challenges

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph) by Some excerpts from an article in The New York Times in which columnist Nicholas Kristof recounted his interviews with five female aliens seeking asylum in America and are being held …

U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner) by QUOTE OF THE WEEK - One of the classic observations about how the rights of the Constitution are eroded. "It may be that it is the obnoxious thing in its mildest and least repulsive …

U.S. v. Meade, No. 98-1905 (1st Cir.) (175 F.3d 215) (May 11, 1999) (Judge Bruce M. Selya)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Meade, No. 98-1905 (1st Cir.) (175 F.3d 215) (May 11, 1999) (Judge Bruce M. Selya) by Here the Court rejected a broad series of constitutional challenges to 18 USC §§ 922(g)(8) and 922(g)(9), generally affirming the district court's decision reported at 986 F.Supp. 66. The Court noted that …

U.S. v. Mound, No. 97-4162 (8th Cir.) (149 F.3d 799) (July 9, 1998) (Judge Richard S. Arnold)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Mound, No. 97-4162 (8th Cir.) (149 F.3d 799) (July 9, 1998) (Judge Richard S. Arnold) by Here the 8th Circuit rejected a broad constitutional challenge to Rule 413 which permits the admission into evidence of details pf a defendant's past sex offenses.

Klinger v. Department of Corrections, No. 96-1241 (8th Cir.) (107 F.3d 609) (February 25, 1997) (Judge Theodore McMillian)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Constitutional Challenges

Klinger v. Department of Corrections, No. 96-1241 (8th Cir.) (107 F.3d 609) (February 25, 1997) (Judge Theodore McMillian) by Klinger v. Department of Corrections, 107 F.3d 609 (8th Cir. 1997) (Judge McMillian) Inmates of Suffolk County v. Sheriff of Suffolk Cty., 952 F.Supp. 869 (D.Mass 1997) (Judge Keeton) Both of …

U.S. v. DeWitt, No. 95-3373WM (8th Cir.) (95 F.3d 1374) (September 19, 1996) (Per Curiam)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. DeWitt, No. 95-3373WM (8th Cir.) (95 F.3d 1374) (September 19, 1996) (Per Curiam) by United States v. DeWitt, 95 F.3d 1374 (8th Cir. 1996) (Per curiam) United States v. Meyers, 95 F.3d 1475 (10th Cir. 1475) (Judge Barrett) In both of these cases the courts dismissed some creative …

U.S. v. Meyers, No. 95-8-79 (10th Cir.) (95 F.3d 1475) (September 6, 1996) (Judge James E. Barrett)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Meyers, No. 95-8-79 (10th Cir.) (95 F.3d 1475) (September 6, 1996) (Judge James E. Barrett) by United States v. DeWitt, 95 F.3d 1374 (8th Cir. 1996) (Per curiam) United States v. Meyers, 95 F.3d 1475 (10th Cir. 1475) (Judge Barrett) In both of these cases the courts dismissed …